Lucas v. Beckman Coulter, Inc.

811 S.E.2d 369
CourtSupreme Court of Georgia
DecidedMarch 5, 2018
DocketS17G0541
StatusPublished
Cited by7 cases

This text of 811 S.E.2d 369 (Lucas v. Beckman Coulter, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lucas v. Beckman Coulter, Inc., 811 S.E.2d 369 (Ga. 2018).

Opinion

Benham, Justice.

*370This Court granted certiorari in this case to examine whether the Court of Appeals improperly construed OCGA § 16-11-135 (e), which is part of the Business Security and Employee Privacy Act,1 as granting immunity "from firearm-related tort liability" to an employer who was sued for liability for the allegedly negligent acts of its employee under the theory of respondeat superior, and for the employer's alleged negligent supervision. See Lucas v. Beckman Coulter, Inc. , 339 Ga.App. 73, 75 (1), 793 S.E.2d 119 (2016). For the reasons set forth below we find the Court of Appeals erred, and the case is remanded for consideration of the remaining issues raised by the appellant.

Factual and procedural posture

Appellant Claude Lucas sued appellee Beckman Coulter, Inc. ("BCI") along with BCI's employee Jeremy Wilson for injuries Lucas suffered when Wilson accidentally shot Lucas with a handgun. As more fully set forth in the Court of Appeals' opinion, the accident occurred while Wilson was on the premises of BCI's customer where he had driven his employer-owned vehicle to make a service call. In apparent violation of BCI's policy prohibiting employees from transporting firearms while on company business, Wilson had taken a firearm with him on this service call. When he learned that a number of vehicles in the customer's parking lot had been vandalized in recent days, he removed his gun from the vehicle and took it inside, where he accidentally fired it, injuring Lucas. Lucas filed his complaint, and following discovery, BCI filed a motion for summary judgment. The trial court granted the motion for summary judgment on three grounds: that Wilson's choice to take his firearm onto the client's property was not within the scope of Wilson's employment, and therefore BCI is not liable for these actions under a theory of respondeat superior; that Lucas explicitly abandoned his claims for BCI's negligent supervision; and that OCGA § 16-11-135 (e) barred Lucas's claims against BCI. Lucas appealed, and the Court of Appeals affirmed on the ground that BCI is immune from liability under the facts of this case pursuant to OCGA § 16-11-135 (e). The Court of Appeals found that because it is undisputed that Lucas's injuries and claims "arose out of Wilson's possession and/or use of a firearm," and that "the shooting was not the result of a criminal act by Wilson or BCI," then BCI cannot be held liable due to "the plain language of the statute." Lucas , supra, 339 Ga.App. at 77 (1), 793 S.E.2d 119. The Court of Appeals then concluded that, given this immunity from liability, it did not need to address the remaining claims of error. This Court granted Lucas's petition for a writ of certiorari.

Legal analysis

At the time of the shooting, subsection (e) read as follows:

No employer, property owner, or property owner's agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employee's automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on the employer's premises. Nothing contained in this Code section shall create a new duty on the part of the employer, property owner, or property owner's agent. An employee at will shall have no greater interest in employment created by this Code section and shall remain an employee at will.

*371OCGA § 16-11-135 (e) (2010).2 The Court of Appeals' decision interprets subsection (e) to grant employers immunity from all "firearm-related tort liability" for the acts of its employees. Lucas , supra, 339 Ga.App. at 75 (1), 793 S.E.2d 119. This is erroneous. What is important is that Lucas's complaint sought no damages arising out of "an occurrence involving the transportation, storage, possession, or use of a firearm ... pursuant to this Code section. " This Code section does not, as the Court of Appeals ruled, immunize an employer for all damages arising out of an employee's transportation, storage, possession, or use of a firearm. In interpreting a statute,

we apply the fundamental rules of statutory construction that require us to construe the statute according to its own terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage. We must also seek to effectuate the intent of the Georgia legislature. In this regard, in construing language in any one part of a statute, a court should consider the entire scheme of the statute and attempt to gather the legislative intent from the statute as a whole.

(Citations and punctuation omitted.) Lyman v. Cellchem International, Inc. , 300 Ga. 475, 796 S.E.2d 255 (2017). To read subsection (e) as providing an employer immunity from all firearm-related tort liability "resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm ...." would require treating the phrase "pursuant to this Code section" as mere surplusage. Although the Court of Appeals recites the rule that courts must seek to avoid a construction that makes some language of a statute mere surplusage,3 it goes on to do just that. It concludes that because Lucas's claim arises out of Wilson's possession and/or use of a firearm (and because the shooting was not the result of the employer's criminal act), subsection (e) provides immunity to BCI. Lucas

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Cite This Page — Counsel Stack

Bluebook (online)
811 S.E.2d 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-beckman-coulter-inc-ga-2018.