Earlier this year, the Georgia Court of Appeals issued an interesting opinion in a car accident case brought by a man who was struck by a drunk driver who was operating a moving truck that was owned by his employer. The case required the court to determine if the employer could be held liable for the employee’s actions, given what the employer knew at the time it allowed the employee to use the truck. Ultimately, the court determined that the plaintiff did present sufficient evidence to survive summary judgement.
The defendant was an employer who allowed one of its employees to use a moving truck for personal use. While the employee was borrowing the truck, he was allegedly involved in a drunk driving accident, seriously injuring the plaintiff. The plaintiff filed a personal injury lawsuit against both the allegedly drunk driver as well as his employer.
The plaintiff presented the testimony of the employee, who explained that he told the employer during his pre-employment interview that he had been convicted of multiple drunk driving offenses. The employee candidly admitted that he was not exactly sure of what he told the employer during the interview, but he remembered that he was honest about his past and that he disclosed that he had “multiple” DUIs.