LATEX FILLER & CHEMICAL COMPANY, INC. v. Chapman

Clabk, Judge.

The sole question presented by this appeal is whether a pending tort claim against a master based on the doctrine of respondeat superior acts as a bar to a simultaneous tort action against the master’s servant.

This litigation arose out of a collision between a truck, driven by Eldon Peters and owned by Latex Filler & Chemical Company (appellants), and an automobile, operated by Nellie M. Chapman (appellee). In a prior suit, Ida Cheeks, a passenger in Chapman’s vehicle, brought suit against Latex in the Superior Court of Whitfield County to recover damages for the alleged…