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Aldworth Co. v. England9/28/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
These consolidated cases arise out of a road rage incident. A truck driver supplied to Keystone Freight Corporation (Keystone) by Aldworth Company, Inc. (Aldworth) pulled in front of a car driven by Sandra England and her husband, and proceeded to pursue the Englands into a gas station parking lot, where he assaulted Mrs. England. The Englands brought suit for the injuries they suffered in the altercation. Keystone answered the Englands' complaint, but Aldworth did not, and a default judgment was later entered against Aldworth. At trial, a jury found that the driver had been acting within the scope of his employment with Keystone when he assaulted Mrs. England. The jury then awarded the plaintiffs $750,000 in compensatory damages against Aldworth and Keystone jointly and severally, as well as $1 million in punitive damages against each of the companies. In this appeal, Aldworth contends that the trial court improperly denied its motions to set aside the default judgment, for judgment notwithstanding the verdict, and for new trial. Keystone likewise contends that its motions for j.n.o.v. and new trial were improperly denied. We affirm in both cases.
Viewed in the light most favorable to the jury's verdict, the evidence shows that Dianne and Andrew England were driving on Highway 34 in Newnan when a Keystone truck operated by Ricky Barron attempted to merge into their lane. After an exchange of angry hand gestures, Barron again attempted to merge into the Englands' lane, forcing them to escape by accelerating and scraping their wheels along the curb. Barron then followed the Englands into a gas station, where they were already pumping gas into their car. Leaving his engine running, and spouting curses, Barron jumped out of his truck, approached Sandra England, and punched her in the face.
On August 13, 2001, the Englands brought a personal injury action against Barron, Aldworth, Keystone, and Reliance National Indemnity Company (Reliance). Aldworth and Keystone were served the same day. At the time of the incident, Reliance insured both Keystone and Aldworth. Although Keystone answered the complaint, Barron and Aldworth did not, and went into default as a result on or about September 12, 2001. A few weeks later, and on petition from the Pennsylvania Commissioner of Insurance, a Pennsylvania court issued an order of liquidation as to Reliance. Keystone then tendered the defense of the Englands' action to the insurers' insolvency pool known as the New Jersey Property-Liability Insurance Guaranty Association (NJ-PLIGA), which accepted the case as its responsibility under New Jersey law.
In August 2002, the Englands moved for entry of default judgment against Barron and Aldworth. Aldworth then appeared in the case and opposed the motion. See OCGA ยง 9-11-55 (b). The trial court then entered a default judgment against Aldworth and placed the case on the trial calendar.
A jury trial was later held to determine Keystone's liability and to determine damages against all three defendants. At the conclusion of their case, the Englands moved for a directed verdict on the questions whether Barron was an employee of Keystone and whether he had acted within the scope of his employment with Keystone. Keystone opposed the Englands' motion, arguing that Barron's actions amounted to a deviation from his employment that could not be imputed to the company. The trial court granted the Englands' motion in part, finding that Barron was indeed an employee of Keystone at the time of the incident, but reserved judgment until the close of evidence on the question whether Barron was acting within the scope of his employment. Keystone then move
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