McCarter v. Bankers Trust Co.

Because I believe the trial court erred in granting summary judgment to Morris, Schneider & Prior, LLC, I respectfully dissent from the majority opinion.

1. I agree with the majority that the statements in McCalla, Raymer &c. v. C.I.T. Financial Svcs., 235 Ga. App. 95 (508 SE2d 471) (1998), relied on by the defendant are not controlling precedent. However, under general principles of agency law, an agent may be held individually liable for his own tortious acts. Oglethorpe Realty Co. v. Hazzard, 172 Ga. App. 98, 99 (3) (321 SE2d 820) (1984).

All agents, by an express undertaking to that effect,…