Legal Opinion
Buchanan v. Canada Dry Corp.
Court of Appeals of Georgia
Decided April 22, 1976No. 52023PublishedCited by 15 opinions
1Opinion of the Court
Deen, Presiding Judge.
It is not contested that the driver of the truck is the servant of Southeast-Atlantic so that that entity will be liable for torts committed by him within the scope of his employment. Code § 105-108. What is contested is whether the relationship between Southeast-Atlantic and Canada Dry is such that the torts of the driver will subject the latter to liability. This involves a determination of whether Southeast-Atlantic was Canada Dry’s "servant” under Code § 105-108 or an "independent contractor” under Code § 105-501.
The appeal is from a summary judgment, holding as a…
2Cases cited11 opinions
- Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
- Ginn v. MorganSupreme Court of Georgia · 1969
- Colonial Stores, Inc. v. TurnerCourt of Appeals of Georgia · 1968
- Brown v. KellySupreme Court of Georgia · 1890
- Yearwood v. PeabodyCourt of Appeals of Georgia · 1932
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Drexel v. Union Prescription Centers, Inc.Court of Appeals for the Third Circuit · 1978
- Holiday Inns, Inc. v. NewtonCourt of Appeals of Georgia · 1981
- Willis E. Wilson, Rep., Estate of Tomikia Wilson v. Good Humor Corporation and David A. WilliamsCourt of Appeals for the D.C. Circuit · 1985
- Stewart v. MidaniDistrict Court, N.D. Georgia · 1981
- McMullan v. Georgia Girl Fashions, Inc.Court of Appeals of Georgia · 1986
10 more not listed; retrieve them via the Exa API.