Humana, Inc. v. Kissun ( 1996 )

McMurray, Presiding Judge,

dissenting.

I respectfully dissent from the judgment of reversal. In my view, there is no question but that defendant Humana, Inc. is, as a matter of law, liable for the alleged medical malpractice of employees of Humana, Inc.’s wholly-owned subsidiary and joint-venturer, defendant General Hospital of Galen, Inc., d/b/a Humana Hospital-Newnan. “ ‘Joint venturers bear the same relation to each other as do the partners in a partnership. Each is an agent of the entity.’ [Cit.] ... [A] joint venture [is] not a distinct legal entity separate and apart from the parties composing it and thus an employee engaged in activities of the joint venture is an employee of each of the joint venturers under ordinary principles of agency.” Boatman v. George Hyman Constr. Co., 157 Ga. App. 120, 123 (276 SE2d 272). “A partner in a joint venture is liable for the wrongful acts of its partner committed in the ordinary course of business of the joint venture and cannot avoid this liability by an agreement between the partners that one of the partners will carry out the business of the joint venture as an independent contractor.” Block v. Woodbury, 211 Ga. App. 184, 186 (2) (438 SE2d 413). In the case sub judice, the trial court correctly determined that summary judgment in favor of the joint venturer defendant Humana, Inc., is unwarranted. As my colleagues in the majority would nevertheless reverse that correct determination, I respectfully dissent.