Hicks v. Marine Terminals Corporation - East
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Hicks v. Marine Terminals Corporation - East
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About this listen
A discussion of an appellate court opinion from the United States Court of Appeals for the Eleventh Circuit. It details an appeal by Richard and Jocelyn Hicks against Ports America, following a summary judgment granted in favor of Ports America by a lower district court. The core issue revolves around whether Ports America could be held vicariously liable for injuries Richard Hicks sustained when hit by a vehicle driven by Gregory Middleton, a fellow longshoreman employed by Ports America. The appellate court vacated the summary judgment, finding that there were genuine disputes of material fact regarding whether Middleton was acting within the course and scope of his employment at the time of the incident, thereby warranting a jury trial. The decision highlights the complexities of determining employer liability under Georgia lawwhen an employee's actions, even seemingly ancillary ones like retrieving work documents, lead to an accident.