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Cleckley v. Batson-Cook Company

Court of Appeals of Georgia
Jan 7, 1982
129 S.E.2d 546 (Ga. Ct. App. 1982)

Opinion

62685.

DECIDED JANUARY 7, 1982.

Action for damages. Fulton Superior Court. Before Judge Fryer.

Thomas H. Nickerson, Robert D. Brooks, for appellant.

A. Terry Sorrells, for appellee.


Appellant is an employee of Paramount Contracting Company (Paramount). Paramount was, at the times relevant to the instant appeal, an independent subcontractor of appellee, the principal contractor. Appellant was injured on the job and received workers' compensation benefits from Paramount. Subsequently appellant instituted the instant action in tort against appellee to recover for the injuries he sustained on the job. Appellant appeals from the grant of summary judgment to appellee.

It was not error to grant summary judgment to appellee. "[A]s a statutory employer liable to pay workers' compensation benefits under Code Ann. § 114-112, [appellee] should receive the correlative benefit of tort immunity under Code Ann. §§ 114-103, 114-112." Wright Associates v. Rieder, 247 Ga. 496, 499 ( 277 S.E.2d 41) (1981).

Judgment affirmed. Deen, P. J., and Banke, J., concur.

DECIDED JANUARY 7, 1982.


Summaries of

Cleckley v. Batson-Cook Company

Court of Appeals of Georgia
Jan 7, 1982
129 S.E.2d 546 (Ga. Ct. App. 1982)
Case details for

Cleckley v. Batson-Cook Company

Case Details

Full title:CLECKLEY v. BATSON-COOK COMPANY

Court:Court of Appeals of Georgia

Date published: Jan 7, 1982

Citations

129 S.E.2d 546 (Ga. Ct. App. 1982)
129 S.E.2d 546

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