Crider v. Zurich Insurance

I concur fully but wish to distinguish Pate v. Turner County, 162 Ga. App. 463 (291 SE2d 400) (1982), upon which case both appellees rely. The backhoe, which was being operated by a driver on a public roadway for the purpose of transporting a passenger in order for him to accomplish his assigned task, differs significantly from the sanitary landfill compactor in Pate.

The compactor was not designed to haul passengers or freight and the metal wheels required it to be driven on soil or dirt. Unlike the backhoe, it could not be driven on a hard surface such as a road. The backhoe’s four wheels…