Zaldivar v. Prickett

I write because I respectfully disagree with the majority opinion.

In a typical negligent entrustment case involving an automobile accident, the tortfeasor-defendant is the employee and the plaintiff is seeking damages from the employer and/or the employee. See Butler v. Warren, 261 Ga. App. 375 (582 SE2d 530) (2003). The employer is liable for the plaintiff’s damages if its actions concur with the actions of the employee and, together, are the proximate cause of the plaintiff’s injuries. Id. at 376. The case at bar is not the typical case because the employee is not the tortfeasor-defendant,…