BARNES, P. J., MERCIER and BROWN, JJ.
Terry appeals from the trial court's order granting Old
Hat Chimney, LLC ("Old Hat") partial summary
judgment in this negligence action. We affirm.
judgment is appropriate "if the pleadings, depositions,
answers to interrogatories, and admissions on file, together
with the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law[.]" OCGA
§ 9-11-56 (c). The relevant facts governing this appeal
are not in dispute. On July 5, 2016, Terry sued Old Hat and
its employee, Nickolas James Payne, for damages allegedly
sustained when a company van driven by Payne rear-ended
Terry's vehicle. Terry asserted a negligence claim
against Payne. He further alleged that Old Hat was (1)
vicariously liable for Payne's negligence based on the
doctrine of respondeat superior,  and (2) directly liable to
him for negligently hiring, training, and supervising Payne.
Terry did not raise a claim for punitive damages.
discovery, Old Hat's owner and corporate representative
conceded that Payne was employed by Old Hat and acting within
the scope of his employment at the time of the collision. Old
Hat subsequently moved for partial summary judgment on
Terry's direct liability claim, arguing that any recovery
for negligent hiring, training, and supervision would be
duplicative because it had "admitted to the essential
elements of the respondeat superior theory of vicarious
liability." The trial court granted partial summary
judgment to Old Hat, and this appeal followed.
no error. According to Terry, a jury should be allowed to
consider and apportion fault to Old Hat based on both the
direct and vicarious liability claims. In Georgia, however,
if a defendant employer concedes that it will be vicariously
liable under the doctrine of respondeat superior if its
employee is found negligent, the employer is entitled to
summary judgment on the plaintiff's claims for negligent
entrustment, hiring, training, supervision, and retention,
unless the plaintiff has also brought a valid claim for
punitive damages against the employer for its own independent
Hosp. Auth. of Valdosta/Lowndes County v. Fender,
342 Ga.App. 13, 21 (2) (802 S.E.2d 346) (2017). Old Hat
admitted that the doctrine of respondeat superior applies
here, and punitive damages are not at issue. Under
Fender, therefore, Terry's claim against Old Hat
for negligent hiring, training, and supervision is
duplicative of the respondeat superior claim and cannot
proceed. See id. at 23 (2).
appeal, Terry urges us to overrule the clear precedent
established in Fender, asserting that it contravenes
Georgia's fault apportionment statute, OCGA §
51-12-33 (b). But we explicitly rejected this argument
in Fender. And when the same argument was raised
several months later in another case, we again rejected it,
noting that Fender had resolved the issue. See
City of Kingsland v. Grantham, 342 Ga.App. 696, 700
(805 S.E.2d 116) (2017).
previously decided the exact issue raised in this appeal, and
we see no reason to revisit that decision. The trial court,
therefore, properly granted partial summary judgment to Old
Hat. See Grantham, supra; Fender, supra.
Barnes, P J, and Brown, J, concur