Walsh Constr. Co. v. Hamilton

3 Citing cases

  1. Webster v. Dodson

    240 Ga. App. 4 (Ga. Ct. App. 1999)   Cited 9 times
    In Webster, the co-worker's "hand made contact with Webster's shoulder" in order to get Webster to be quiet while the co-worker talked on the phone to a complaining customer.

    The time, place, and circumstances under which the injury occurred were all work-related. See Potts v. UAP-GA AG CHEM., supra at 15-16; Hennly v. Richardson, supra at 355. Compare Walsh Constr. Co. v. Hamilton, 185 Ga. App. 105 ( 363 S.E.2d 301) (1987); City of Atlanta v. Shaw, 179 Ga. App. 148 ( 345 S.E.2d 642) (1986); Murphy v. ARA Svcs., 164 Ga. App. 859, 863 ( 298 S.E.2d 528) (1982). Moreover, there is no evidence that Dodson's physical contact with Webster was made for reasons "personal" to Webster.

  2. Simmons v. Solo Cup Operating Corp.

    907 S.E.2d 377 (Ga. Ct. App. 2024)

    See generally The Holy Bible, Luke 10:29-37.See Lindsey v. Winn Dixie Stores, Inc., 186 Ga. App. 867, 868 (1), 368 S.E.2d 813 (1988) (holding that employer was not entitled to summary judgment when evidence showed that employee’s altercation with coworker was the result of name calling and not related to employee’s job duties); Walsh Const. Co. v. Hamilton, 185 Ga. App. 105, 105-06, 363 S.E.2d 301 (1987) (holding that WCA did not apply when worker was attacked by coworker who objected to worker begging for food); Hartford Accident & Indem. Co. v. Zacherv, 69 Ga. App. 250, 251 (3), 25 S.E.2d 135 (1943) (holding that WCA did not apply when claimant was attacked by a coworker because coworker was "provoked by the repeated accusations of the claimant that he was a talebearer, and not because the claimant was late for work or because of anything being done by him incidental to his employment"). Cf. Swanson v. Lockheed Aircraft Corp., 181 Ga. App. 876, 879-81 (1) (b), (c), 354 S.E.2d 204 (1987) (holding that assault arose out of instructor's employment when it resulted from earlier confrontation over student’s test results).

  3. Johnson v. Publix Supermarkets

    256 Ga. App. 540 (Ga. Ct. App. 2002)   Cited 5 times
    In Johnson, the employee, a Publix supermarket cashier, was injured when she fell to the floor and broke her leg as she was "hurrying down a store aisle."

    Rather, the doctrine has been used to address situations outside the work norm. See, e.g., Nat. Fire, supra (tornado caused a wall to fall on an employee); DeKalb Collision Center, supra (employee died in a fight); Booth v. Essex Ins. Co., 231 Ga.App. 542, 498 S.E.2d 528 (1997) (employee murdered by a resident in an alcohol recovery residence); Olde South Custom Landscaping v. Mathis, 229 Ga.App. 316, 494 S.E.2d 14 (1997) (employee injured when stopped to assist stranded motorists); Walsh Constr. Co. v. Hamilton, 185 Ga.App. 105, 363 S.E.2d 301 (1987) (employee injured in fight before work began).         Additionally, the decision in Prudential Bank, which relies heavily on Borden Foods, incorrectly states that U.S. Casualty v. Richardson, 75 Ga.App. 496, 43 S.E.2d 793 (1947), stands for the proposition that an idiopathic fall is compensable only when the claimant strikes a work-related object. While the claimant there did strike a work-related object, the court noted with approval that "a majority of the courts, American and English, hold that, if the injury was due to the fall, the employer is liable, even though the fall was caused by a pre-existing idiopathic condition."