Kidd v. Dentsply Intl. Moreover, Kidd v. Dentsply Intl., 278 Ga. App. 346, 348 (1) ( 629 SE2d 58) (2006). [t]here is a distinction between the act of merely following directions while giving assistance to another's servant and the status of being within the "complete control" of another's servant.
Under this theory of recovery, however, "the contractual duties under which the employer would be liable for the acts of the independent contractor cannot be enforced by one not a party to the contract." Kidd v. Dentsply Intl. , 278 Ga. App. 346, 350 (2), 629 S.E.2d 58 (2006) (citation and punctuation omitted). Neither Calvin nor Jerline was a party to the Professional Services Agreement.
(Citations and punctuation omitted.) Kidd v. Dentsply Intl., 278 Ga.App. 346, 350(2), 629 S.E.2d 58 (2006). Accord Widner v. Brookins, Inc., 236 Ga.App. 563, 564(2)(a), 512 S.E.2d 405 (1999).
(Citations and punctuation omitted.) Kidd v. Dentsply Int'l., 278 Ga. App. 346, 350 (2) ( 629 S.E.2d 58) (2006). Accord Widner v. Brookins, Inc., 236 Ga. App. 563, 564 (2) (a) ( 512 S.E.2d 405) (1999).
But “the contractual duties under which the employer would be liable for the acts of the independent contractor cannot be enforced by one not a party to the contract.” Kidd v. Dentsply Intl. , 278 Ga.App. 346, 350, 629 S.E.2d 58 (2006) (citation omitted). The Cards are strangers to that contract.