While on a job site in Dahlonega, Georgia, Steve Moss took a Local Mechanical vehicle without permission causing a multivehicle collision. It was believed that at the time of the incident, Mr. Moss was undergoing some sort of psychotic episode and may have been attempting to commit suicide by vehicle. Along with criminal charges against Mr. Moss, several civil lawsuits arose out of the collision against both Mr. Moss and Local Mechanical Networking, Inc.
In Mildred Lawson and Larry Lawson v. Local Mechanical Networking, Inc. and Steve Moss, the Lawsons alleged negligence, negligence per se, vicarious liability, negligent entrustment, loss of consortium, and attorney’s fees under O.C.G.A. 13-6-11. James Hankins and Samantha Mullis moved for summary on all claims, arguing Mr. Moss was not in the course and scope of his employment at the time of the collision and that he was not entrusted with the vehicle. Defense Counsel further argued there was no evidence of similar behavior from Mr. Moss that would have made them aware he was likely to steal a work van and cause an accident. In response to the Motion, Plaintiffs argued negligent supervision and negligent retention; however, neither of the claims were pled in the Complaint. The Court found that the evidence did not show Mr. Moss’s tendencies to engage in certain behavior relevant to the injuries allegedly incurred by the plaintiffs.
Samantha Mullis argued the case before Judge Bowers in Cobb County State Court, who granted summary judgment in its entirety.
Click HERE to read the full Order.