Georgia Employee Leasing Case Law
Please find, below, selected case laws decided by Supreme Court of Georgia or Court of Appeals of Georgia where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Bossard v. Atlanta Neighborhood Development Partnership - 3/14/2002
Kenneth Bossard received an electrical shock while installing gutters on an apartment building. He sued the building's owner and manager, as well as the general contractor overseeing the work, for personal injuries. The trial court...
Satilla Regional Medical Center v. Corbett - 3/12/2002
We granted Satilla Regional Medical Center's application for discretionary appeal in this workers' compensation case to determine whether the superior court properly remanded the case to the administrative law judge for further...
Dekalb Collision Center - 3/11/2002
Henry Foster was killed at his workplace, DeKalb Collision Center, Inc. ("DeKalb Collision"), during a fight involving several DeKalb Collision Center employees and some contractors. Foster's daughters sued DeKalb Collision Center,...
Miraliakbari v. Pennicooke - 3/8/2002
A Burger King manager refused to let employee Zohreh Miraliakbari leave or even use the telephone to care for her six-year-old son who suffered a broken bone at school. Miraliakbari brought claims of intentional infliction of emotional...
Conex Freight Systems - 3/1/2002
Conex Freight Systems, Inc. ("Conex") appeals from the trial court's order granting summary judgment to the Georgia Insurers Insolvency Pool ("the Pool") in this declaratory judgment action. For reasons that follow, we reverse. ...
Meredith v. Atlanta Intermodal Rail Services - 2/25/2002
In this workers' compensation case, the employer filed a notice to controvert the employee's claim more than 21 days after learning about the injury. We granted certiorari to consider whether the employer was precluded from raising a...
Eckhardt v. Yerkes Regional Primate Center - 2/22/2002
Bonnie Eckhardt and Bridget Mueller appeal from the trial court's grant of the Yerkes Regional Primate Center's motion to dismiss. We affirm.
A motion to dismiss is granted only where a complaint shows with certainty that the...
Walker v. Board of Regents of the University System of Georgia - 2/22/2002
Melvin E. Walker, Jr., Ph.D. brought this action against his employer, the Board of Regents of the University System of Georgia d/b/a Fort Valley State University. He appeals from the trial court's grant of summary judgment to Fort...
Gamble v. Ware Coiunty Board of Education - 2/19/2002
Proceeding pro se, George Gamble presented to the Ware County Superior Court clerk eleven lawsuits naming the Ware County Board of Education and various school officials and employees as defendants.
Gamble included a pauper's...
Sea Tow-Sea Sprill of Savannah v. Phillips - 2/1/2002
Sea Tow/Sea Spill of Savannah ("Sea Tow") filed suit in state court against Robert L. Phillips seeking recovery for services rendered in connection with the salvage of Phillips' boat. In his answer, Phillips raised as an affirmative...
Hartford Insurance Company v. Federal Express Corporation - 1/29/2002
Following a bench trial, Hartford Insurance Company appeals the trial court's ruling that it was not entitled to enforce its subrogation lien against settlement proceeds received by Willie Binyard pursuant to OCGA § 34-9-11.1. For the...
Kellogg Company v. Pinkston - 12/11/2001
On December 20, 1999, appellees/plaintiffs Rosemary and Robert Pinkston filed a complaint in the State Court of Fulton County against appellants/defendants the Kellogg Company, d/b/a Mrs. Smith's Frozen Foods, a Michigan corporation,...
Wimbush v. Confederate Packaging - 12/6/2001
A belt drive on Confederate Packaging, Inc.'s cardboard box folding machine caught the pants leg of employee Bernard Wimbush, injuring his foot and destroying his pants and one boot. Wimbush alleges that the accident occurred, in part,...
Rapid Group - 11/29/2001
In general, legal malpractice liability attaches when an attorney fails to apply well-settled legal principles or procedures. In this case, the attorney representing a taxicab company allegedly failed to assert the well-known...
Russell Morgan Landscape Management v. Velez-Ochoa - 11/21/2001
On July 31, 1996, Gilberto Velez-Ochoa was injured in a work-related collision between a caterpillar tractor and the truck he was loading. His employer, Russell Morgan Landscape Management, paid Velez-Ochoa workers' compensation...
Harrison v. Thurmond - 11/13/2001
Veronica Harrison appeals the Superior Court's order affirming the Department of Labor's denial of her unemployment compensation benefits. She contends that under the authority of Caldwell v. Hosp. Auth. of Charlton County, 248 Ga....
Marine Port Terminals - 11/7/2001
William J. Dixon was awarded workers' compensation benefits after suffering an accidental injury while working for the Marine Port Terminals, Inc. in Brunswick. The Terminals and its workers' compensation insurer, Crum and Forster (the...
Gulf Insurance Co. v. GFA Group - 9/13/2001
The issue in this appeal is whether a payroll services company, which pays the wages of the employees of a contractor of a public works project, is a qualified claimant under a payment bond furnished by the contractor under Georgia's...
Holliday v. Jacky Jones Lincoln Mercury - 8/22/2001
Richard Holliday appeals from the superior court's order reversing his award of permanent partial disability benefits in this workers' compensation case. For reasons that follow, we affirm and remand with direction.
The record...
City of Poulan v. Hodge - 8/16/2001
This workers' compensation claim involves the tolling of the statute of limitation because the claimant had not reached maximum medical improvement prior to the termination of benefits by the insurer for a compensable injury of January...
Woodgrain Millwork/Windsor Wood Windows v. Millender - 6/26/2001
This case involves issues of first impression in a workers' compensation claim for occupational hearing loss. Following our grant of their application for discretionary appeal, Woodgrain Millwork/Windsor Wood Windows and Liberty Mutual...
Fontaine v. Home Depot - 6/18/2001
In October 1995, Douglas Fontaine was injured when he fell in a stairwell at a Home Depot office facility. Fontaine filed this premises liability action against The Home Depot, Inc. in October of 1997. The Home Depot, Inc. answered...
H.J. Russell & Co. v. Jones - 6/8/2001
JO-007
A Fulton County jury found for Regina Jones and against H. J. Russell & Company in connection with H. J. Russell's supervision and retention of employee Dwight Brown. On appeal, H. J. Russell claims that the trial...
Dry Storage Corporation v. Piscopo - 6/7/2001
JO-004
In May 1996, Tracy Piscopo was injured when the vehicle he was riding in was hit from behind by a vehicle driven by an employee of Dry Storage Corporation. Piscopo filed a claim for, and ultimately received, workers'...
Hitchcock v. Jack Wiggins - 6/5/2001
We granted the discretionary application of Wendell Hitchcock, the claimant in this workers' compensation case, to determine if the administrative law judge was authorized to count Jack Wiggins of Wiggins Auto Salvage, Inc. (Wiggins...
State v. Tyson - 3/29/2001
A jury convicted Samuel Seymore Tyson of child molestation, but the Court of Appeals of Georgia reversed on the grounds that the trial court should have granted Tyson's motion to suppress evidence. We granted the writ of certiorari to...
Phillips v. Correctional Institute - 3/21/2001
Ru-099
Jeffrey Yarbrough worked as a prison guard at Phillips Correctional Institute. While on duty, Yarbrough suffered a cardiac dysrhythmia and died. Yarbrough's widow claimed entitlement to workers' compensation benefits,...
Mix v. Allied Readymix - 2/23/2001
We granted Darryl Mix's application for discretionary appeal to determine whether the superior court erred in reversing a workers' compensation award entered by the Appellate Division of the State Board. Because the findings of the...
Baugh-Carroll v. Hospital Authority of Randolph County - 2/22/2001
BL-019
We granted this discretionary appeal to review whether the superior court erred by reversing a workers' compensation award. At issue is whether the superior court failed to defer to an explicit factual finding that the...
Aldrich v. City of Lumber City - 2/16/2001
On August 25, 1989, appellant Bobby Aldrich, then a police officer for Lumber City, was struck by lightning while he was on duty. He sought workers' compensation benefits, alleging the lightning strike aggravated his pre-existing...
Porter v. Tissenbaum - 2/5/2001
MI-108
Plaintiff Marc Tissenbaum sued New York residents Darwin Porter and Danforth Prince in the Superior Court of Wilkes County, Georgia, seeking damages for intentional infliction of emotional distress, invasion of privacy,...
McBride v. State - 2/1/2001
RU-081C
Kenneth McBride was charged with aggravated assault with attempt to rape (Count 1), aggravated assault (Count 2), and kidnapping (Count 3), arising out of an alleged attack upon a woman in October 1997. With respect to...
Smith v. Mr. Sweeper Stores - 1/30/2001
71-079
In this workers' compensation appeal, the sole question is whether Betty L. Smith or her employer/insurer bore the burden of proof of establishing that Smith's claim for continued medical treatment (after years of the...
Rockwell v. Lockheed Martin Corp. - 1/30/2001
MI-107
Doris Rockwell sued her employer, Lockheed Martin Corporation, for injuries she sustained when she fell in Lockheed's parking lot. Arguing that Rockwell's claim is barred by the exclusive remedy of the Workers'...
McCarty v. Delta Pride - 1/30/2001
MI-095
Randall Scott McCarty contends the superior court erred when it reversed an award entered by the appellate division of the State Board of Workers' Compensation. We agree and reverse.
Construed in favor of the...
Mass v. Georgia Department Of Public Safety - 12/22/2000
In a suit brought pursuant to the Georgia Tort Claims Act against the Georgia Department of Public Safety (the Department) and the Georgia State Patrol (a division of the Department), Daniel C. Moss alleged that, while exiting the...
Outdoor Systems - 12/1/2000
Opinion dated November 9, 2000 is vacated.
P-054
This dispute over a lease for a parcel of land and a billboard raises a question of standing.
On September 23, 1986, National Advertising Company ("National") entered...
King v. State - 11/30/2000
Warren King was convicted of malice murder, armed robbery, burglary, aggravated assault, false imprisonment, and possession of a firearm during the commission of a felony. The jury fixed his sentence for the murder at death after...
Cypress Companies v. Brown - 11/15/2000
JO-107
In this appeal, Cypress Companies ("Cypress") and Safeco Insurance Company of America ("Safeco") contend that an erroneous theory of law was applied which resulted in Cypress being improperly compelled to pay workers'...
Williams v. Metropolitan Atlanta Rapid Transit Authority - 11/14/2000
As amended November 30, 2000
EL-90
This case raises the issue a) whether the Metropolitan Atlanta Rapid Transit Authority ("MARTA") comes under the Georgia Employers' Liability Act ("GELA") as a "common carrier" under OCGA...
Anthem Casualty Insurance Co. v. Murray - 11/13/2000
Ru-102
Anthem Casualty Insurance Company asserts a subrogation lien against a $1.5 million jury verdict recovered by its insured, Barry Murray, against General Manufactured Housing, Inc. ("GMH"). Anthem sued both Murray and GMH...
City Of Atlanta v. Arnold - 11/13/2000
RU-048
The City of Atlanta appeals a judgment affirming an award of workers' compensation benefits to Neal Arnold, a former police officer who voluntarily retired on disability. The City contends that it was entitled to credit...
Kennestone Hospital v. Hopson - 11/13/2000
In response to a request for discovery from a non-party under OCGA § 9-11-34 (c), Kennestone Hospital produced Sherri Hopson's mental health records to her former husband in their divorce action. Hopson filed a claim alleging that the...
Harrison v. Winn Dixie Stores - 11/8/2000
RU-069
At the request of his former manager, Thomas Shane Harrison agreed to work an unscheduled early morning shift at a Winn Dixie in Buford. He was injured in an automobile collision while en route from his previous shift at a...
U.S. Traffic Corp. v. Turcotte - 9/28/2000
USTC appeals from the trial court's grant of partial summary judgment to Ronald Turcotte, claiming among others, that the trial court erred in accepting an amended motion for summary judgment and supplemental affidavit in support of...
Moore v. Pitt-Desmoines - 8/9/2000
EL-80
EL-79
John W. Moore was a relief-driver riding in a R & L Carriers, Inc. tractor-trailer driven by his co-worker Shawn Andre Searcey when the vehicle was rear-ended by a Pitt-DesMoines, Inc. tractor-trailer driven...
Burruss v. Ferdinand - 6/27/2000
Sm-036
Faye Burruss d/b/a Beauty Plus, Inc., filed this appeal from the trial court's denial of her motions to intervene and to set aside the judgment following an in rem judicial tax foreclosure sale of property in which she...
Hammond v. Lee - 6/22/2000
At issue in this case is whether Travelers Insurance Companies, which paid workers' compensation benefits to Schlanda Hammond for job- related injuries, is entitled to enforce a subrogation lien pursuant to OCGA § 34-9-11.1 (b) against...
City of Waycross v. Holmes - 6/12/2000
At issue is whether an employer can take credit for disability retirement payments when it calculates and pays workers' compensation benefits. More specifically, we are asked to decide whether OCGA § 34-9-243 (b), which allows credit...
Hodor v. GTE Mobilnet - 5/31/2000
MC-056C
While employed with defendant GTE Mobilnet, Inc. ("GTE") , Brenda E. Hodor claimed that her supervisor, defendant Susan Bear, expressed insensitive remarks and otherwise engaged in conduct which caused plaintiff extreme...
Dunlap v. City of Atlanta - 5/30/2000
Date of Judgment Appealed: 05-24-99
Notice of Appeal Date: 06-09-99
In this direct appeal from the superior court's review of a disputed pension issue, we must decide whether appellant should have followed the requisite...
Ashman v. Marshall's of Ma. - 5/26/2000
MI-029
Lindsay Ashman sued Marshall's of MA, Inc. and an off-duty police officer it employed, Gary Broom, for intentional infliction of emotional distress for statements Broom made as Ashman and her friend Casey Harris exited a...
Cartwright v. Midtown Hospital - 5/4/2000
BL-037
We granted Cynthia J. Cartwright's application for discretionary appeal from the superior court's order affirming a workers' compensation ruling which denied her motion to compel an expert witness to provide his social...
Reilly v. Alcan Aluminum Corp. - 3/27/2000
The United States Court of Appeals for the Eleventh Circuit has certified the following two questions to this court: 1) Does OCGA § 51-1-6 or § 51-1-8 give rise to a cognizable claim for breach of a legal duty where the duty allegedly...
O'Kelley v. Hall County Board of Education - 3/24/2000
P-106
We granted Debbie O'Kelley's application for discretionary review of a superior court order that reversed an award by the Appellate Division of the State Board of Workers' Compensation (the "Board"). At issue is whether the...
Newberry v. Cotton States Mutual Ins. Co. - 3/15/2000
ANDREWS, P. J., RUFFIN and ELLINGTON, JJ.
EL-116
Cotton States Insurance Company was granted summary judgment on this declaratory judgment action against its insured, Labron Newberry. Newberry appeals on two grounds, that...
GFA Business Solutions - 3/10/2000
Ru-115
This case involves whether an insurance agency may be held liable for breach of contract and fraud if its manager agrees to procure insurance for a client, but fails to obtain the policy and pockets a portion of the...
Hansche v. City of Atlanta Police Department - 3/6/2000
SECOND DIVISION
The State Board of Workers' Compensation awarded Naomi M. Hansche temporary partial disability (TPD) benefits arising out of an injury she received while working for the City of Atlanta Police Department. After...
In re Williams - 2/29/2000
Case Number: S00Y0734
Date of Docketing: 01-24-00
Style: IN THE MATTER OF JULIUS W. WILLIAMS
Classification: Formal Complaint (4-218)
Lower Court Summary Information: Fulton County State BAR of Georgia ...
Sam's Wholesale Club v. Riley - 12/30/1999
BL-090
Sam's Wholesale Club (Sam's) appeals the trial court's denial of its motion to dismiss, motion to set aside, and motion to open default judgment. The issues on appeal concern whether: (1) this appeal is properly brought as...
Aldrich v. City of Lumber City - 12/20/1999
THE OLD VERSION OF THE OPINION WAS SENT TO YOU IN ERROR. THIS IS THE CORRECT COPY. WE APOLOGIZE FOR ANY INCONVENIENCE THIS DELAY MAY HAVE CAUSED YOU.
WHOLE COURT
Bobby Aldrich's application for discretionary review was...
Maguire v. Dominion Development Corp. - 12/17/1999
Ru-092
This appeal presents the issue of whether an injured worker can sue a statutory employer in tort after that employer has successfully defeated a claim for workers' compensation benefits based upon the worker's failure to...
National Council on Compensation Insurance - 12/15/1999
EL-108
The National Council on Compensation Insurance, Inc., defendant- appellant ("NCCI"), serves as the "Administrator" of the Georgia Workers' Compensation Assigned Risk Insurance Plan under contract with the Georgia Insurance...
Benson v. Carter - 12/15/1999
In 1996, Deborah Benson, who had been employed as a teacher in the Henry County School System, brought this action for wrongful discharge against the members of the Henry County Board of Education (Carter and others), the Henry County...
Newsome v. Department of Administrative Services - 12/8/1999
BL-099
In this case of first impression, Audrey Newsome appeals, on interlocutory grant, from the denial of her motion to dismiss the Department of Administrative Services' (DOAS) subrogation claim filed pursuant to OCGA §...
Odom v. State - 12/8/1999
BL-107C
Bobby Odom appeals his conviction, following a jury trial, for incest, child molestation, and the statutory rape of his minor daughter, contending that the trial court erred by (1) admitting character evidence against him...
Pulliman v. Southern Regional Medical Center - 12/3/1999
FIRST DIVISION
During the mid-seventies, Beers Construction Company, as general contractor of a project on the premises of Southern Regional Medical Center, installed a ground-level metal grate to cover a 20-foot-deep air shaft...
Aldrich v. City of Lumber City - 12/3/1999
Opinion issued 12/3/99 vacated; substitute opinion issued 12/21.
SM-042
In this discretionary appeal of a workers' compensation award, Bobby Aldrich seeks to overturn the superior court's affirmance of the award in favor of...
Georgia Forestry Commission v. Taylor - 11/30/1999
We granted a discretionary appeal in this workers' compensation case to address an issue of first impression regarding the construction of OCGA § 34-9-243 (b). That statute provides for a reduction in the amount of workers'...
Bibb County - 11/30/1999
92-106
Lt. James F. Higgins worked for the Bibb County Sheriff's Department, primarily in field police work, from 1979 until his death in October 1993. On his last day at work, Lt. Higgins became sick with a severe headache and...
Walker v. Burnett - 11/23/1999
Kenneth Walker challenges the Fulton County Superior Court's order granting summary judgment to Russell Burnett in this legal malpractice action. We affirm because Walker has failed to show that any alleged deficiencies in Burnett's...
Redfearn v. Huntcliff Homes Association - 11/23/1999
This appeal is brought from the trial court's grant of summary judgment awarding a homeowner's association injunctive relief to remedy the violation of its restrictive covenants. In answering the homeowner's association's complaint,...
Brassfield & Gorrie v. Ogletree - 11/22/1999
JOHNSON, C. J., McMURRAY, P. J., PHIPPS, J.
Mc-084
McMURRAY, Presiding Judge.
Brassfield & Gorrie ("the employer") appeals a superior court order awarding Robert Ogletree attorney fees under OCGA § 9-15-14 (b) in...
Stanford v. Paul W. Heard and Company - 11/17/1999
BLACKBURN, P. J., BARNES and ELLINGTON, JJ.
Ba-041
BARNES, Judge.
Jack M. Stanford appeals the grant of summary judgment to Paul W. Heard and Company ("Heard & Company") on his claim alleging tortious interference...
Georgia Power Company v. Franco Remodeling Company - 11/12/1999
THIRD DIVISION
In July 1993, plaintiffs Salomen Santana, Juan Santillan, and Hector Berrios were painting an apartment building and were injured when a metal ladder they were using touched an overhead electric line that was owned...
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