The trial court did not err in granting the Kowals a directed verdict on this claim. Sorrow v. Hadaway, 269 Ga.App. 446, 450(2), 604 S.E.2d 197 (2004).McClattie has cited no authority to support her claim that she is entitled to relief because of the Kowals' placement of their trash cans on the public street, and we have found none.
Lee v. Southern Telecom Co., 303 Ga.App. 642, 645(2), 694 S.E.2d 125 (2010) (where evidence did not show whether employer directed the location of the cable installed by the contractor, employer could not show for purpose of summary judgment that it had no liability for the alleged trespass of its contractor). See Sorrow v. Hadaway, 269 Ga.App. 446, 448(1)(a), 604 S.E.2d 197 (2004) (“OCGA §§ 51–2–4 and 51–2–5 limit an employer's vicarious liability only and do not apply to a claim arising from the employer's own conduct”) (citation and punctuation omitted). But Wilann's argument is dependent upon there being at least an issue of material fact as to whether Georgia Power failed to correctly instruct Caffrey as to the boundaries of the Easements.
Lee v. Southern Telecom Co., 303 Ga. App. 642, 645 (2) (694 SE2d 125) (2010) (where evidence did not show whether employer directed the location of the cable installed by the contractor, employer could not show for purpose of summary judgment that it had no liability for the alleged trespass of its contractor). See Sorrow v. Hadaway, 269 Ga. App. 446, 448 (1) (a) (604 SE2d 197) (2004) ("OCGA §§ 51-2-4 and 51-2-5 limit an employer's vicarious liability only and do not apply to a claim arising from the employer's own conduct") (citation and punctuation omitted). But Wilann's argument is dependant upon there being at least an issue of material fact as to whether Georgia Power failed to correctly instruct Caffrey as to the boundaries of the Easements.
See Kirkland v. Tamplin, 285 Ga. App. 241, 243 (1) (a) ( 645 SE2d 653) (2007) (inadmissible hearsay has no probative value on summary judgment).Sorrow v. Hadaway, 269 Ga. App. 446, 450 (1) (b) ( 604 SE2d 197) (2004). The trial court erred in denying Whatley's motion for summary judgment.
In this case, Whitley seeks to amend his complaint to add allegations that Comcast is vicariously liable for FICOA's negligent installation of the cable line. (Pl.'s Mot. to Am. 3.) Under Georgia law, an employer generally is not vicariously liable for torts committed by an independent contractor over which the employer retains no direction or control. See O.C.G.A. § 51-2-4 (West 2007); Sorrow v. Hadaway, 269 Ga. App. 446, 448, 604 S.E.2d 197-98 (Ct.App. 2004). However, there are several exceptions to this general rule, some of which are codified at O.C.G.A. § 51-2-5.