Tuggle v. Helms , 231 Ga. App. 899 ( 1998 )

Beasley, Judge,

dissenting.

The majority opinion does not decide whether Georgia law or Alabama law applies to the substantive issues in this negligence action, but the two other dissents take the position that Georgia law governs. I agree. Although the accident happened in Alabama just over the state line, there are no Alabama interests to be protected by its laws. The plaintiffs and defendants are Georgia citizens, and the car was titled and permanently located in Georgia. The purpose of the trip was determined in Georgia and was, from the perspective of those in the car, a short excursion for their pleasure. Applying the choice of law principles which were applicable in Alexander v. Gen. Motors Corp., 267 Ga. 339 (478 SE2d 123) (1996), the trial court in this case correctly chose Georgia law.

I also agree with the trial court that there are genuine issues of material fact as to liability. Defendants have not shown that the evidence thus far in the record precludes their liability as a matter of law. Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991). This is not a “plain and palpable [case] where ‘reasonable minds cannot differ as to the conclusion to be reached.’ [Cit.]” Id. at 493. Defendants have not “demonstrate^] by reference to evidence in the record that there is an absence of evidence to support at least one essential element of the [plaintiffs’] case.” Id. at 495.

The target element here is breach of duty, Andrea’s with respect to her manner of operating the vehicle and her parents’ with respect to their entrustment of the vehicle to her. As pointed out by Judge Eldridge, a driver has a statutory duty to maintain control of the vehicle and obey the Uniform Rules of the Road. Whether she breached this duty or the car left the roadway and crashed for some other reason is not developed sufficiently to conclude that the doctrine of res ipsa loquitur applies. The trial court did not rule on that subject, nor is it a theory advanced by plaintiffs in the trial court or here. It simply is not an issue for our resolution in this appeal.