Prodigies Child Care Management, LLC v. Cotton

Bianca Bouie (defendant) worked as a daycare teacher for Prodigies Child Care Management, LLC, also known as University Childcare Center (University Childcare) (defendant). Bouie knew that, under state law, the daycare was required to maintain strict teacher-child ratios. Bouie had an unpaid one-hour lunch break. Typically, if Bouie expected to return late, she would notify the daycare so staff could maintain proper ratios. One day, Bouie told University Childcare that she might return from lunch a few minutes late due to an activity. On her return drive, Bouie realized she was already 20 minutes late and attempted to call University Childcare to update her arrival time. Bouie took her eyes off the road to scroll through her phone contacts for the number to call. Bouie negligently drifted into oncoming traffic and was hit by Andrea Cotton (plaintiff), who was driving in the opposite direction. Cotton sued Bouie in Georgia state court for negligence. Cotton later added a vicarious-liability claim against University Childcare, alleging that it was legally responsible for Bouie’s negligent driving under a theory of respondeat superior. Cotton argued that Bouie was furthering the daycare’s business and acting within the scope of her employment when she attempted to call to help the daycare maintain the required ratios. University Childcare moved for summary judgment, claiming that it was not vicariously liable because Bouie had been on her lunch break, not working. The trial court granted the motion, dismissing the vicarious-liability claim against the daycare. The court of appeals reversed, applying a special-circumstances test and finding that a jury should evaluate the vicarious-liability claim. The Georgia Supreme Court agreed to review the matter.