Hicks v. Heard

Although the majority purports to apply Allen Kane’s Major Dodge v. Barnes, 243 Ga. 776 (257 SE2d 186) (1979), it actually departs from that precedent. Indeed, the majority erroneously manipulates the analytical framework laid out therein by giving no weight to testimony which, as Allen Kane’s itself specifically recognizes, must be considered during the final step of the analysis, constitutes direct evidence that the employee was acting within the scope of employment, and is therefore sufficient to require that the case go to a jury. I respectfully dissent because, in my opinion, this Court…