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Mastec North America, Inc. v. Sandford

Court of Appeals of Georgia

November 12, 2014

MASTEC NORTH AMERICA, INC. et al.
v.
SANDFORD et al

Reconsideration denied December 8, 2014.

Respondeat superior. Gwinnett State Court. Before Judge Iannazzone.

Lewis Brisbois Bisgaard & Smith, James R. Doyle, Tracy L. Steele, for appellants.

Hill & Bleiberg, Robert P. Bleiberg, for appellees.

BOGGS, Judge. Dillard and Ray, JJ., concur.

OPINION

Page 421

Boggs, Judge.

In this interlocutory appeal, Mastec North America, Inc. (" Mastec" ) and DirecTV, Inc. (California) (" DirecTV" ) appeal from the trial court's order denying their motion for summary judgment. They contend that no genuine issues of material fact exist as to whether a field technician was acting in the course and scope of his employment at the time he ran a stop sign and collided with another vehicle. For the reasons explained below, we agree and therefore reverse.

Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law. We review a trial court's grant of summary judgment de novo, construing the record and all reasonable inferences in favor of the nonmoving party.

(Citation and punctuation omitted.) Effingham County Bd. of Tax Assessors v. Samwilka, Inc., 278 Ga.App. 521 (629 S.E.2d 501) (2006). So viewed, the record shows that Clifton Warnock was employed by Mastec as a field technician to go to the home of DirecTV customers [330 Ga.App. 251] to install and repair satellite TV equipment provided by DirecTV. At the time of the accident, Warnock was driving a Mastec work van. Warnock authorized Mastec to deduct $40 per week from his paycheck for the privilege of driving the work van to and from his home at the start and end of each workday.

Warnock's personnel file included documents in which he acknowledged the following:

" WORKING TIME" is time spent performing any activities for the benefit of MasTec, such as:
1. Performing warehouse activities;
2. Performing Office Work;
3. Time spent training;
4. Performing installation or service actions at a customer location;
5. Door tagging a customer if not home during designated appointment window;
6. Travel time between jobs;
7. Attending company meetings;
8. Participating in training activities;
9. Traveling from the office to your first job and back to office after ...

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