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Collie Concessions3/30/2005
s does not apply.
(Citations and punctuation omitted.) City of Atlanta v. Spearman.
In this case, it is undisputed that Bruce's employer, Collie, did not own, maintain, or control the parking lot in which she parked. As such, the parking lot cannot be considered part of Collie's premises, and the exception simply does not apply to Bruce's accident. Id.
A similar analysis is applicable to the crosswalk in which Bruce was struck by a car. As it was part of a public street, it is also undisputed that it was not owned, maintained, or controlled by Collie. And again, Bruce's injuries do not qualify her for workers' compensation benefits as she was not injured while on property which could be considered part of Collie's premises. Id.
Therefore, at the time that she was injured, Bruce simply was not walking from one part of Collie's premises to another at the time that she was injured. Accordingly, the trial court erred in its determination that Bruce was entitled to workers' compensation benefit.
3. Given the unambiguous nature of the precedent cited above, there is no need to speculate whether Augusta National's golf course might be considered Collie's business premises, and this case cannot and should not under any circumstances be considered to establish any such a circumstance in future cases dealing with concessionaires and their employees working at sporting sites. The parking lot exception is clearly anchored on notions of enforceable real property rights, and any interpretation of this case to hold otherwise would be clearly erroneous.
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