Georgia Power Co. v. Hubbard

Court of Appeals of Georgia

Georgia Power Co. v. Hubbard

223 S.E.2d 467, 137 Ga. App. 243, 1976 Ga. App. LEXIS 2395

CourtCourt of Appeals of Georgia

DecidedJanuary 8, 1976

Docket51296; 51297

StatusPublished

This text of 223 S.E.2d 467 (Georgia Power Co. v. Hubbard) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Georgia Power Co. v. Hubbard, 223 S.E.2d 467, 137 Ga. App. 243, 1976 Ga. App. LEXIS 2395 (Ga. Ct. App. 1976).

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Opinion

Pannell, Presiding Judge.

Grover Hubbard brought an action against Georgia Power Company and William Dawkins to recover for injuries allegedly caused by the defendants’ negligence. Nell Hubbard sued the defendants for loss of consortium. The same facts were the basis for both causes of action. The defendant Georgia Power Company moved for partial summary judgment in both cases on the issue of alleged negligent entrustment. The trial court overruled the [244]*244motion. Georgia Power Company appeals the order overruling its motion for partial summary judgment on the issue of negligent entrustment pursuant to a certificate of immediate review.

Argued October 9, 1975 Decided January 8, 1976. Erwin, Epting, Gibson & McLeod, Gary B. Blasingame, for appellants. Carl J. Surrett, Lawrence, Rice & Lawrence, George D. Lawrence, William C. Reed, for appellees.

Knowledge of the driver’s incompetency is an essential element of the rule which holds an owner liable for furnishing his automobile to an incompetent driver. Marques v. Ross, 105 Ga. App. 133, 139 (123 SE2d 412). Appellant contends that it had no actual knowledge of the alleged incompetence of its employee, William Dawkins, to operate an automobile. The evidence on this issue was in conflict. "That this conflict may have been occasioned by conflicting testimony of the same witnesses, whether parties or not, does not alter the result.” Mathis v. R. H. Smallings & Sons, Inc., 125 Ga. App. 810 (189 SE2d 122); see also, Columbia Drug Co. v. Cook, 127 Ga. App. 490 (1) (194 SE2d 286).

Judgment affirmed.

Quillian and Clark, JJ., concur.

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Pannell, Presiding Judge.

Grover Hubbard brought an action against Georgia Power Company and William Dawkins to recover for injuries allegedly caused by the defendants’ negligence. Nell Hubbard sued the defendants for loss of consortium. The same facts were the basis for both causes of action. The defendant Georgia Power Company moved for partial summary judgment in both cases on the issue of alleged negligent entrustment. The trial court overruled the [244]*244motion. Georgia Power Company appeals the order overruling its motion for partial summary judgment on the issue of negligent entrustment pursuant to a certificate of immediate review.

Argued October 9, 1975 Decided January 8, 1976. Erwin, Epting, Gibson & McLeod, Gary B. Blasingame, for appellants. Carl J. Surrett, Lawrence, Rice & Lawrence, George D. Lawrence, William C. Reed, for appellees.

Knowledge of the driver’s incompetency is an essential element of the rule which holds an owner liable for furnishing his automobile to an incompetent driver. Marques v. Ross, 105 Ga. App. 133, 139 (123 SE2d 412). Appellant contends that it had no actual knowledge of the alleged incompetence of its employee, William Dawkins, to operate an automobile. The evidence on this issue was in conflict. "That this conflict may have been occasioned by conflicting testimony of the same witnesses, whether parties or not, does not alter the result.” Mathis v. R. H. Smallings & Sons, Inc., 125 Ga. App. 810 (189 SE2d 122); see also, Columbia Drug Co. v. Cook, 127 Ga. App. 490 (1) (194 SE2d 286).

Judgment affirmed.

Quillian and Clark, JJ., concur.

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223 S.E.2d 467, 137 Ga. App. 243, 1976 Ga. App. LEXIS 2395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-power-co-v-hubbard-gactapp-1976.

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