Tim's Crane & Rigging, Inc. v. Gibson, 278 Ga. 796

Summary

The Supreme Court of Georgia held that a crane operator was a borrowed servant of the general contractor as a matter of law under the express crane-leasing contract. Because the contract established the requirements of the borrowed servant doctrine, the court reversed the Court of Appeals' reversal of summary judgment for Tim's Crane and affirmed the portion of the judgment concerning amendment of the pre-trial order.

Holdings

1. The contract of hire between Tim's Crane and Pinkerton established that Fischer was Pinkerton's borrowed servant as a matter of law, so negligence by Fischer was chargeable to Pinkerton rather than Tim's Crane.
2. Fischer's certification and communications about safe crane operation did not create a material issue precluding summary judgment because the express contract controlled the allocation of responsibility and established the borrowed-servant relationship.
3. The Court of Appeals' ruling concerning Tim's Crane's amendment of the pretrial order to assert the borrowed-servant defense was affirmed.

Questions Presented

1. Whether the express crane lease established that Fischer was Pinkerton's borrowed servant as a matter of law.
2. Whether Fischer's certification as a crane operator and his safety-related communications to Pinkerton employees created a factual issue concerning Pinkerton's complete control and direction of Fischer.
3. Whether the Court of Appeals correctly affirmed the trial court's permission for Tim's Crane to amend the pretrial order to assert the borrowed-servant defense.

Disposition

other