Atlanta Airport Shuttle v. Noble
Atlanta Airport Shuttle v. Noble
Opinion of the Court
Appellee Noble was formerly an employee of appellants Atlanta Airport Shuttle and Sun Belt Limousine, Inc.
A defendant may implead as a third-party defendant one “who is or may be liable to him for all or part of the plaintiff’s claim against him.” OCGA § 9-11-14 (a). “ ‘(I)mpleader is proper only when a right to relief exists under the applicable substantive law.’ Wright & Miller, Federal Practice and Procedure: Civil § 1446, p. 248.” Smith, Kline & French Labs. v. Just, 126 Ga. App. 643, 647 (191 SE2d 632) (1972). Noble’s third-party complaint does not state the ground upon which he claims he is entitled to indemnity for plaintiff’s claims. In fact, there exists no ground upon which Noble would be entitled to such relief. Appellee would be liable to plaintiff insurance company only if he is found to have converted appellants’ (his former employer’s) funds. “Conversion is the unauthorized assumption and exercise of the right of ownership over personal property belonging to another, hostile to [the owner’s] rights, an act of dominion over personal property inconsistent with [the owner’s] rights, or an unauthorized appropriation.” McGlamory v. Marcum, 118 Ga. App. 516 (1) (164 SE2d 274) (1968). The very finding which would make Noble liable to plaintiff insurance company would preclude any recovery from appellants for indemnity. The victim of conversion has no duty to indemnify the thief for a taking of the victim’s own property.
If Noble contends he was wrongfully accused of conversion, then he may have some other claim against appellants. However, this would not provide him with a claim for indemnity for conversion. If he contends the funds which he is accused of taking were lost as a result of appellants’ own negligence or wrongful acts, then this may
For the foregoing reasons, we find Noble’s third-party complaint against appellants fails to state a claim upon which relief may be granted.
Judgment reversed.
While appellants contend they are separate entities and that Noble was the employee only of Atlanta Airport Shuttle, for the sake of simplicity in the appeal they have referred to themselves as a single entity.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.