March 2019

In catastrophic truck crashes that kill or catastrophically injury innocent people, the root cause of the tragedy is often not the momentary carelessness of a truck driver. Rather, the root cause is very often the systemic mismanagement by a company that puts behind the wheel of an 80,000 bomb a person who never should have been driving it. The driver may be a good guy who because inadequate training or experience, bad driving record, or physical incapacity was not well-fitted for the job. That can result in a claim for negligent entrustment.

In 2015, the Supreme Court of Georgia

negligent hiring warning signOften in a catastrophic truck crash, the trucking company admits that the truck driver was negligent and was in the course and scope of employment. That is a smart tactic to attempt to focus all blame on two seconds of driver negligence rather than months or years of corporate conduct including negligent hiring of the driver. They may get by with it because of a Court of Appeals decision that bars claims for the company’s corporate negligence that are “merely duplicative” of respondeat superior agency liability for negligence of an employee. Hospital Authority of Valdosta/Lowndes County v. Fender, 342

When my father’s generation came home from World War II, many of them carried psychological scars about which they kept quiet. My parents married young, at 21 and 18, the week he returned from combat in 1945. My mother said that dad fought the air war over Europe every night in his sleep for at least a decade. The longer-term ramifications of that played out in many ways throughout his life. As he lay dying over six decades later, he began to tell me for the first time the war experiences that had haunted him most through his life.

Recently,