Chapman v. McClelland, 248 Ga. 725, 726 (2) ( 286 S.E.2d 290) (1982). See also Neese v. Britt Home Furnishings, 222 Ga. App. 292 ( 474 S.E.2d 44)." Smith v. U-Haul Co. Georgia, 225 Ga. App. 356, 359 (4) ( 484 S.E.2d 49) (1997).

Chapman v. McClelland, 248 Ga. 725, 726 (2) ( 286 SE2d 290) (1982).Neese v. Britt Home Furnishings, 222 Ga. App. 292, 292 (1) ( 474 SE2d 44) (1996).Fed. Ins. Co. v. Oakwood Steel Co., 126 Ga. App. 479, 479 ( 191 SE2d 298) (1972).

Dix v. Shadeed, 261 Ga. App. 145, 146 (1) ( 581 SE2d 747) (2003); see also Webb v. Day, 273 Ga. App. 491, 492-493 (1) ( 615 SE2d 570) (2005). See Rains v. Dolphin Mtg. Corp., 241 Ga. App. 611, 613 (2) ( 525 SE2d 370) (1999); Neese v. Britt Home Furnishings, 222 Ga. App. 292, 293 (2) ( 474 SE2d 44) (1996).Rains, supra.

However, since this objection was not raised in the trial court, we are precluded from consideration of the issue on appeal. See Neese v. Britt Home Furnishings, 222 Ga. App. 292 (1)( 474 S.E.2d 44)(1996). 3. Because we reverse the trial court's ruling for the reasons discussed in Division 1, we need not address Milestone's remaining enumerations of error.

The right to control the manner and method means the right to tell the employee how to perform all details of the job, including the tools he should use and the procedures he should follow.RBF Holding Co. v. Williamson, 260 Ga. 526 ( 397 S.E.2d 440) (1990); Neese v. Britt Home Furnishings, 222 Ga. App. 292, 293 (2) ( 474 S.E.2d 44) (1996). Id.

The circumstance that the purported agent provided its own tools of the trade, such as the rappelling tower, textbooks, uniforms and equipment, and employed the Army's approved training procedures, authorizes a conclusion that the Department of Military Science is operated by adjunct professors and instructors who are, in legal contemplation, independent contractors. Neese v. Britt Home Furnishings, 222 Ga. App. 292 (2), 293 ( 474 S.E.2d 44). See also Moss v. Central of Ga. R. Co., 135 Ga. App. 904, 906 ( 219 S.E.2d 593) (applying the ten factors enumerated in the Restatement, Agency 2d, § 220 (2)). Independent contractors are not agents (servants) within the meaning of OCGA § 50-21-22 (7).

Wieland also points to testimony that, on his own initiative, Ausburn was in the process of hauling the truss to his own home when he injured Wieland. Wieland contends that because Ethicon merely required particular results from Ausburn, and did not insist on a particular manner in which the work was to be accomplished, Ausburn was acting as an independent contractor and not an employee. See generally Neese v. Britt Home Furnishings, 222 Ga. App. 292, 293 (2) ( 474 S.E.2d 44) (1996). We do not agree.

Chapman v. McClelland, 248 Ga. 725, 726 ( 286 S.E.2d 290) (1982). See also Neese v. Britt Home Furnishings, 222 Ga. App. 292 ( 474 S.E.2d 44) (1996). In addition, pretermitting the issue of whether these paragraphs are hearsay, in light of our holding above that there is no evidence to support Smith's claim of negligence against U-Haul, the trial court did not need to consider these portions of the affidavit in order to reach the correct conclusion.

In his first enumeration of error, defendant seeks to challenge the sufficiency of an affidavit submitted in support of plaintiff's motion for summary judgment arguing that it fails to show that it was based on personal knowledge of the affiant. As this issue was not raised below it may not be entertained for the first time on appeal. Chapman v. McClelland, 248 Ga. 725, 726 (2) ( 286 S.E.2d 290); Neese v. Britt Home Furnishings, 222 Ga. App. 292 (1) ( 474 S.E.2d 44). 2.