Western Waterproofing Co. v. Rogers

3 Citing cases

  1. Baldwin v. Roberts

    212 Ga. App. 546 (Ga. Ct. App. 1994)   Cited 10 times
    Noting that tort of fraud has five elements: false representation, scienter, intention to induce plaintiff to act or refrain from acting, justifiable reliance by plaintiff, and damage to plaintiff

    " (Citations, punctuation and emphasis omitted.) Western Waterproofing Co. v. Rogers, 204 Ga. App. 779, 780 (1) ( 420 S.E.2d 606) (1992). Baldwin argues that there is a genuine issue of fact as to whether Roberts' animosity toward her was related to the performance of her work.

  2. Simmons v. Solo Cup Operating Corp.

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

    Western Waterproofing Co., Inc. v. Rogers, 204 Ga. App. 779, 780 (1), 420 S.E.2d 606 (1992) (emphasis omitted); accord Heard v. Mitchell’sFormal Wear, Inc., 249 Ga. App. 492, 493 (1), 549 S.E.2d 149 (2001). As a result, while we review the trial court’s factual findings for any evidence, it remains the "responsibility of this Court to review the legal framework within which the fact-finder operated, and thus to define what ‘arising out of’ employment means as a matter of law."

  3. Fortin v. AT&T Servs.

    No. 21-11047 (11th Cir. Sep. 22, 2021)

    When the injury is caused by an intentional tort committed by a co-worker, the injury arises out of a plaintiff's employment unless the tortfeasor was motivated by personal animosity unrelated to the employee's performance of her job. See Baldwin v. Roberts, 442 S.E.2d 272, 274 (Ga.Ct.App. 1994); Western Waterproofing Co. v. Rogers, 420 S.E.2d 606 (Ga.Ct.App. 1992). Here, the record is replete with evidence that Bailey's motivation for assaulting Fortin was work-related.