lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
MANN et al. v. WORKMAN.
44202.
CLARKE, Presiding Justice.
The Court of Appeals held that Mann was not entitled to pursue a common law damage suit action against Workman, a fellow employee, because Mann had accepted workers' compensation benefits for a period of one year. Mann v. Workman, 181 Ga. App. 211 (351 SE2d 680) (1986). We granted certiorari and posed the following question: Whether an injured employee is estopped from bringing a common law damage action against a co-employee, where: (1) the injury did not occur out of and in the course of employment, and (2) although workers' compensation benefits were accepted by the injured employee, injury had left him without knowledge of the facts of the injury.
A review of the trial court's order reveals that the court specifically found as a fact that the lunch attended by the parties was a business lunch at which recruitment needs, sources of recruitment, and strategy of recruiting professional people were discussed. Since the trial court made this finding, we now hold that Mann is barred from pursuing a common law negligence action because of the workers' compensation coverage. For this reason, we do not reach the other issues dealt with by the Court of Appeals.
Michael M. Calabro, amicus curiae.
Bovis, Kyle & Burch, B. Dean Grindle, Jr., Timothy K. Bonner, Charles K. Higgins, for appellee.
J. Curtis Hanks, J. Michael McGarity, for appellants.
DECIDED APRIL 22, 1987 -- RECONSIDERATION DENIED MAY 6, 1987.
Thursday May 21 14:01 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com