Keais v. Kelley, Nos. A25A2193, A26A0122, 2026 WL 1757940, __ S.E.2d __ (Ga. Ct. App. June 17, 2026). The court (Davis, J.; Rickman, P.J., and Gobeil, J., concur) affirms the dismissal of wrongful death claims against the defendant attorney who was called to the scene immediately after the accident. The court held that OCGA § 40-6-270 imposes the duty to stop and render aid on the "driver," not on a third party who was not in physical control of the vehicle. An alleged agent is generally not liable to third persons for the principal's failure to discharge affirmative duties owed by the principal. Ms.** 4–6. The court further held that the voluntary undertaking doctrine did not apply because the attorney's failure to call 911 was nonfeasance, not an affirmative act that increased the risk of harm or induced reliance. Ms.** 6–10.
