Prodigies Child Care Management, LLC v. Cotton

Summary

The Supreme Court of Georgia vacated the Court of Appeals’ decision because that court treated “special circumstances” as a separate exception to the ordinary respondeat-superior analysis. The Court held that liability turns solely on whether the employee was acting in furtherance of the employer’s business and within the scope of employment, including when the employee is commuting or on a lunch break. The Court also disapproved language suggesting that merely work-related phone activity is sufficient to create a jury question and remanded for application of the proper test.