Pya/Monarch, Inc. v. Higley

3 Citing cases

  1. Watkins v. First South Utility

    284 Ga. App. 547 (Ga. Ct. App. 2007)   Cited 6 times
    Recognizing employer vicariously liable for negligence of independent contractor in performing nondelegable duty imposed on employer by contract or statute

    OCGA § 51-2-4." PYA/Monarch v. Higley, 219 Ga. App. 199, 201 (2) ( 464 SE2d 630) (1995). There is an exception to this general rule "where the wrongful act violates a duty imposed by an express contract upon the employer."

  2. Kidd v. Dentsply International, Inc.

    278 Ga. App. 346 (Ga. Ct. App. 2006)   Cited 5 times

    (Citations omitted.) PYA/Monarch, Inc. v. Higley, 219 Ga. App. 199, 201 (2) ( 464 SE2d 630) (1995) (physical precedent only). Even if privity of contract existed, however, Kidd's claims fail because she has neglected to point out an express contractual provision that would cast liability on either Dentsply or DEMS. OCGA § 51-2-5 (3) "has been interpreted as requiring an express obligation by the employer to be responsible for the independent contractor's conduct."

  3. Luther v. Wayne Frier Home Center of Tifton

    592 S.E.2d 470 (Ga. Ct. App. 2003)   Cited 3 times

    Further, the contract on its face does not in any way restrict Home Center's right to subcontract the breakdown and removal of the trade-in, as argued by the Luthers, and Home Center is therefore not liable if this were done negligently. See PYA/Monarch, Inc. v. Higley, 219 Ga. App. 199, 201(2) ( 464 S.E.2d 630) (1995); Fields v. B B Pipeline Co., 147 Ga. App. 875 ( 250 S.E.2d 582) (1978). Judgment affirmed. Barnes and Adams, JJ., concur.