Summary
Timothy Adcox sued a janitorial services contractor and subcontractor after slipping on ice allegedly formed from discarded mop water in an employer's parking lot. The Georgia Court of Appeals affirmed summary judgment for the contractor, holding that the evidence did not show the contractor negligently caused the injury or assumed sufficient control over the independent subcontractor to support vicarious liability. The court concluded that the contractor's general supervision and indication that mop water could be discarded behind the building did not defeat the independent-contractor relationship.
Holdings
- ABM was entitled to summary judgment on Adcox's direct-negligence claim because Adcox presented no evidence that ABM discarded the mop water, acted negligently, knew JMS was disposing of it dangerously, or breached a duty by generally indicating that mop water could be discarded somewhere behind the building.
- ABM was not vicariously liable for JMS's alleged negligence because JMS was an independent contractor and the evidence did not show that ABM assumed control over the time, manner, or method of JMS's work or interfered so as to create a master-servant relationship.
- Summary judgment for ABM was proper because the record presented no genuine issue of material fact and ABM was entitled to judgment as a matter of law.
Questions Presented
- Whether ABM was directly negligent for breaching a duty of care in connection with the disposal of mop water.
- Whether ABM was vicariously liable for JMS's alleged negligence because ABM retained or exercised control over the time, manner, and method of JMS's work.
- Whether the evidence created a genuine issue of material fact precluding summary judgment for ABM.
Disposition
affirmed
Cases Cited (9)
- Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459(1), 486 S.E.2d 684 (1997)(followed)
- Kelley v. Piggly Wiggly Southern, 230 Ga. App. 508, 496 S.E.2d 732 (1997)(followed)
- Braswell v. FoodMax of Ga., 225 Ga. App. 463, 466(2), 484 S.E.2d 86 (1997)(followed)
- Feggans v. Kroger Co., 223 Ga. App. 47, 476 S.E.2d 822 (1996)(followed)
- Ross v. Ninety-Two West, Ltd., 201 Ga. App. 887, 891(3), 412 S.E.2d 876 (1991)(followed)
- Slater v. Canal Wood Corp., 178 Ga. App. 877, 881(1), 345 S.E.2d 71 (1986)(followed)
- Cotton States Mut. Ins. Co. v. Kinzalow, 280 Ga. App. 397, 401-402, 634 S.E.2d 172 (2006)(followed)
- Lane v. Montgomery Elevator Co., 225 Ga. App. 523, 525(1), 484 S.E.2d 249 (1997)(followed)
- Larmon v. CCR Enterprises, 285 Ga. App. 594, 596, 647 S.E.2d 306 (2007)(followed)
Cited In (0)
No citing cases on record yet.
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