Smith v. Cornelius, et. al.

Kimberly Sheridan and Michael Becker (Atlanta, GA) (Commercial Auto) obtained Summary Judgment for an employer in a commercial automobile claim. Following a serious motor vehicle accident, Plaintiff/passenger Kelsey Smith filed a lawsuit against the driver of her vehicle, Keegan Lenderman, and the driver of the other involved vehicle, George Cornelius. Smith and Lenderman both alleged significant injuries in the crash. Plaintiff also sued, and Lenderman likewise crossclaimed against Elite Comfort Solutions, which they alleged employed Cornelius at the time of the accident. Discovery revealed that Elite retained Mr. Cornelius, an Illinois attorney, to be their outside general counsel as an independent contractor. At the close of discovery counsel moved for Summary Judgment arguing that Mr. Cornelius was not their employee but rather an independent contractor, and therefore Elite was not responsible for his conduct under a vicarious liability theory. Following extensive briefing and oral arguments, Judge Shawn Bratton concluded that Cornelius was not Elite’s employee as clearly set out in his retainer agreement and granted Elite’s motion for Summary Judgment. Plaintiff and crossclaim plaintiff did not appeal.