Sometimes I read Georgia car accident appeals cases and I am astounded at the stupidity of some of the claims that plaintiff’s lawyers will bring. This is the legal analysis for a case where the plaintiff was terribly injured and tried to blame the crash on the installation of two new tires on the front two wheels instead of the rear two wheels. This claim would make sense if placing them one axle versus the other left bald tires onboard. But it didn’t. Instead this plaintiff and their lawyer brought suit when the crash happened, wait for it; TWO YEARS AFTER THE TIRES WERE INSTALLED. Come on people, there is a reason the public gets angry with some lawsuits. This is a frivolous case. Now, onto the legal analysis of the interesting part which says that in the right case, the prior owner of a business can maintain responsibility for something happening after they sell if they negligently trained the employee who screwed up. Cool theory.
Georgia law places a duty on employers to ensure that their employees are properly trained and supervised. However, although the duty to reasonably train employees is well-established, the other doctrinal limitations imposed on negligence liability continue to play a significant role in confining the viability of many claims. For instance, in a recent decision, Edwards v. Campbell, the Georgia Court of Appeals reaffirmed the importance of causation in limiting the reach of negligence claims.
Edwards started on April 14, 2011, when the plaintiff’s grandmother took a trip to Campbell Tire Company (“CTC”). CTC had originally been owned and operated by Edward Campbell, but Campbell sold the company to Lanham Enterprises, LLC in April 2009. In an asset purchase agreement executed in conjunction with this sale, Campbell agreed to provided 60 days of training to Joel Lanham, the owner of Lanham Enterprises, LLC, who had no prior experience in the tire business. At the time of sale, it was Lanham’s understanding that the CTC employees had been there for a long time and had been primarily trained by Campbell. During the course of the aforementioned training, Campbell told Lanham that when a customer only purchases two new tires, the tires should be placed on the front axle, and Lanham believed this to be normal industry practice.