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McKEE FOODS CORP. v. LAWRENCE

No. A11A0957.

712 S.E.2d 79 (2011)

McKEE FOODS CORPORATION v. LAWRENCE.

Court of Appeals of Georgia.

Reconsideration Denied June 17, 2011.

Attorney(s) appearing for the Case

James, Bates, Pope & Spivey, John Flanders Kennedy , Chambliss, Bahner & Stophel, William H. Pickering , for appellant.

Spivey, Carlton & Edenfield, J. Franklin Edenfield , Swainsboro, Glen A. Cheney , Reidsville, Charles C. Mayers , Augusta, appellees.

McFADDEN, Judge.

Jerry Lawrence and his wife sued Terry Lee Carswell, Carswell's snack distribution company, and McKee Foods Corporation for damages sustained when Carswell's delivery truck collided with a vehicle driven by Lawrence. With respect to McKee, the Lawrences alleged vicarious liability for Carswell's negligence. McKee moved for summary judgment, arguing that neither Carswell nor his company was a McKee agent or employee, undermining the vicarious liability...

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