Potts v. UAP-GA. Chem., Inc.

Full title: POTTS ET AL. v. UAP-GA. CHEM., INC. ET AL

Court: Court of Appeals of Georgia

Date published: Dec 17, 1998

510 S.E.2d 841 (Ga. Ct. App. 1998)

236 Ga. App. 21

Opinion

A97A0816.

DECIDED DECEMBER 17, 1998 — RECONSIDERATION DENIED JANUARY 12, 1999.

Workers' compensation. Fulton State Court. Before Judge Baxter.

Stephen L. Ivie, John M. Brown, for appellants.

King Spalding, J. Kevin Buster, Carmen R. Toledo, Gardner, Willis, Sweat Goldsmith, Donald A. Sweat, Goetz, Tibbs Zahler, Charles M. Goetz, Jr., for appellees.

ANDREWS, Chief Judge.

The Supreme Court reversed our affirmance of the superior court's grant of summary judgment to the employer in this wrongful death and survival action, finding the employee was not engaged in work activity so that the exclusive remedy provision of OCGA § 34-9-11 did not apply. Therefore, our judgment in Potts v. UAP-GA. AG. CHEM., 227 Ga. App. 841 ( 490 S.E.2d 432) (1997) is vacated and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed. McMurray, P.J., Beasley, Smith, Ruffin, Eldridge, JJ., and Senior Appellate Judge Harold R. Banke¹, concur.

1 For Presiding Judge A.W. Birdsong, deceased.

DECIDED DECEMBER 17, 1998 — RECONSIDERATION DENIED JANUARY 12, 1999.