Opinion
A24D0085
09-28-2023
JACQUELYN POLLARD v. GREAT DANE LLC d/b/a GREAT DANE TRAILERS.
The Court of Appeals hereby passes the following order:
Morris Pollard was injured when a lift gate on his work truck malfunctioned. Pollard thereafter sued Great Dane, LLC, d/b/a Great Dane Trailers ("Great Dane"), alleging that the company had negligently repaired the lift gate. Pollard's wife, Jacquelyn Pollard, intervened in the lawsuit and asserted a claim for loss of consortium. Both Great Dane and Morris moved for summary judgment on Jacquelyn's claim, arguing that because the Pollards were estranged and living apart, Jacquelyn could not recover for loss of consortium. The trial court agreed and entered summary judgment against Jacquelyn and in favor of Morris and Great Dane. Jacquelyn then filed this timely application for discretionary appeal.
The truck in question was owned by Pollard's employer, Airgas, Inc. Both Airgas and its insurer intervened in the lawsuit, but neither of those entities is a party to this appeal.
Under OCGA § 9-11-56 (h), the grant of summary judgment on any issue or as to any party is reviewable by direct appeal. Olympic Dev. Group v. American Druggists' Ins. Co., 175 Ga.App. 425, 425 (1) (333 S.E.2d 622) (1985). Thus, Jacquelyn was not required to file an application to obtain review of the order in question. And we will grant a timely-filed application for discretionary appeal where a trial court's order is subject to direct appeal. See OCGA § 5-6-35 (j); Ahearn v. Westrec Mgmt., 244 Ga.App. 699, 699, n.1 (536 S.E.2d 606) (2000). See also Bullock v. Sand, 260 Ga.App. 874, 875 (581 S.E.2d 333) (2003). Accordingly, this application is hereby GRANTED. Jacquelyn Pollard shall have ten days from the date of this order to file a notice of appeal with the trial court, if she has not already done so. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.