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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Kilburn v. Patrick - 11/9/1999
Steven Patrick sued Galen Kilburn, Jr., Kilburn Young Asset Management Corporation (KYAMC), Robert Young, and Donald Burton for conversion and breach of fiduciary duty stemming from the defendants' alleged conversion of shares of KYAMC...
Dong v. Shepeard Community Blood Center - 9/22/1999
P-078
Ellen Dong sued her employer, Walter Shepeard Community Blood Center, after she was terminated from her job. Dong also sued Linda Sigg, the technical director at the Blood Center, who was Dong's immediate supervisor. Dong's...
Webster v. Dodson - 9/10/1999
EL-077
Plaintiff Kimberly Webster filed suit against defendants Stein Mart, Inc., and Sharon Dodson as an employee thereof, seeking recovery for assault and battery and intentional infliction of emotional distress. The Chatham...
Kellibrew v. State - 9/2/1999
Ru-48C
A jury found Kevin Kellibrew guilty of aggravated assault and aggravated battery for shooting Tyrus Bullock. The trial court sentenced Kellibrew to twenty years on each count, to be served consecutively. On appeal,...
Morgan v. American Insurance Managers Inc. - 8/17/1999
In the Court of Appeals of Georgia
In this action concerning the viability of a contract for employment, Norman W. Morgan appeals the trial court's order granting summary judgment to both American Insurance Managers, Inc. (AIM)...
Hardy v. Georgia Baptist Health Care System Inc. - 8/11/1999
On June 7, 1996, Tina Hardy, plaintiff-appellant, sued Georgia Baptist Health Systems, Inc. d/b/a Liberty Home Health Services, defendant-appellee, on claims arising from her termination as an employee. These claims were based upon...
Merchant v. Canal Insurance Co. - 6/28/1999
This is the fourth appearance of this case before this court, and the facts of the underlying vehicular collision are fully set forth in our earlier decisions. In the case's most recent published appearance, we determined the priority...
Sheehan v. Delaney - 6/24/1999
In the Court of Appeals of Georgia
Ru-023
On November 5, 1996, an administrative law Judge awarded workers' compensation benefits to Robert Delaney, a truck driver who worked for American Trucking Company, Inc. ("American...
Lundgren v. State - 6/3/1999
In the Court of Appeals of Georgia
BA-030C
Clifford Lundgren appeals his conviction for disorderly conduct for which he received a year's probation and a $1,000 fine.
The underlying case arose while Lundgren was...
K-Mart Corp. v. Hackett - 3/18/1999
In the Court of Appeals of Georgia
BL-131
K-Mart appeals the judgment in Case No. A98A2420, a tort action, in which liability was established by default judgment, following jury trial as to damages. K-Mart contends that the...
Oriental Farmers Food Corp. v. Agency Services Inc. - 3/17/1999
In the Court of Appeals of Georgia
MC-107
Plaintiff Oriental Farmers Food Corp. entered into a premium finance agreement with defendant Agency Services, Inc. for the purpose of financing premiums for an insurance policy...
Phinazee v. Interstate Nationalease Inc. - 3/16/1999
In the Court of Appeals of Georgia
AN-120
Stanley Phinazee appeals from the trial court's grant of summary judgment to his former employer, Interstate Nationalease, Inc. (Interstate) and Jim Stokely, his former employer and...
Waters v. Glynn County - 3/16/1999
*PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
In the Court of Appeals of Georgia
123P-122
Larry Waters was terminated from his position as a department head in Glynn County after he was accused of rape and creating a...
O'Neal v. Home Town Bank of Villa Rica - 3/12/1999
POPE, P. J.,
BEASLEY, P. J., RUFFIN, J.
In the Court of Appeals of Georgia
Bea-121
Banker Fred L. O'Neal originated the idea of a new community bank in Villa Rica and expended significant effort to organize it....
Metropolitan Property & Casualty Insurance Co. v. Crump - 2/22/1999
In the Court of Appeals of Georgia
SM-106
We granted this application for interlocutory appeal to consider whether an individual who has recovered a judgment against a tortfeasor may garnish the tortfeasor's unasserted and...
Beverly v. J. H. Harvey Co. - 2/22/1999
In the Court of Appeals of Georgia
AND-093
After Judy Beverly was struck by an unidentified individual running down the aisle of a grocery store owned by J. H. Harvey Company, Inc., she and her husband sued Harvey for...
Beverly v. J.H. Harvey Company - 2/22/1999
*PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
In the Court of Appeals of Georgia
AND-093
After Judy Beverly was struck by an unidentified individual running down the aisle of a grocery store owned by J. H. Harvey...
Bahadori v. National Union Fire Insurance Co. - 2/12/1999
In the Court of Appeals of Georgia
P-089
In Bahadori v. Nat. Union Fire Ins. Co., Ga. (Case No. S98G0610, decided November 23, 1998), the Supreme Court reversed the judgment of this court rendered in Bahadori v. Sizzler...
Lastinger v. Mill and Machinery Inc. - 2/11/1999
In the Court of Appeals of Georgia
JO-026
James Lastinger, Jr. was employed as a steelworker with Mill and Machinery, Inc. Lastinger was injured at work when a metal plate he was detaching from a conveyor belt broke off and...
Wallace v. Swift Spinning Mills Inc. - 2/9/1999
In the Court of Appeals of Georgia
EL-015
Plaintiff-appellant Kenneth C. Wallace challenges the trial court's denial of his motion for new trial in his personal injury suit against Swift Spinning Mills, Inc. ("Swift"). We...
Gann v. Poe - 1/28/1999
In the Court of Appeals of Georgia
BEA-102
Discretionary appeal was granted in this workers' compensation case to review the superior court's decision that the employer did not have the requisite number of employees to be...
AMOCO FABRICS & FIBERS COMPANY v. RAY - 12/18/1998
On November 3, 1998, we dismissed the appeal of Amoco Fabrics and Fibers Company (Amoco) for failure to file a separate enumeration of errors as required by OCGA § 5-6-40 and Rule 22 (a). Amoco filed a separate enumeration of errors...
DEPT OF CORRECTIONS v. DERRY - 12/4/1998
Wayne Correctional Institution Officer Ernest Roberson filed a disciplinary report against inmate Troy Bostic for failing to wear a belt to a meal, as required by prison regulations, and for cursing when Officer Roberson confronted him...
ODEM v. PACE ACADEMY - 12/4/1998
Appellant Jeffrey L. Odem appeals from the trial court's grant of summary judgment to Pace Academy on his claims for breach of contract, intentional infliction of emotional distress and breach of a legal duty arising out of the...
PAYNE v. DUNDEE MILLS - 12/1/1998
David Payne and Elizabeth Payne filed this appeal after the trial court denied their motion to intervene in a workers' compensation subrogation action which Mr. Payne's employer, Dundee Mills, Inc. ("Dundee Mills"), filed against the...
MCNEAL CONSTRUCTION COMPANY v. WILSON - 11/25/1998
Robbie Wilson, as executrix of the estate of Thelma McNeal, sued McNeal Construction Company and Roy F. McNeal (McNeal) to recover on certain promissory notes executed by McNeal Construction Company and guaranteed by McNeal. The trial...
BAHADORI v. NATIONAL UNION FIRE INSURANCE COMPANY - 11/23/1998
We granted certiorari to the Court of Appeals in this workers' compensation case and posed this question: What limitation period applies to an action for the recovery of overpaid benefits under OCGA § 34-9-104(d)(2)? We hold that the...
SYKES v. CITY OF ATLANTA - 11/18/1998
Alethia Sykes, former Pretrial Services Officer for the City of Atlanta Municipal Court, appeals from the trial court's grant of the City's motion for summary judgment and denial of her motion for summary judgment in her wrongful...
BOLAND v. GEORGIA EYE INSTITUTE - 11/13/1998
Ryan Boland, M. D., sued Georgia Eye Institute Inc. ["GEI"] and Memorial Medical Center, Inc. ["MMC"] for alleged breach of an employment agreement. Boland filed this appeal from the grant of summary judgment to GEI and MMC on Counts 1...
SMITH v. STATE - 11/9/1998
David Phillip Smith was convicted of the malice murder of Jeremy Javies as well as theft by receiving stolen property and possession of a firearm during the commission of a felony. The jury recommended a death sentence, finding as...
ZAMPATTI v. TRADEBANK INTL. FRANCHISING CORP. - 11/3/1998
Tradebank International, Inc. ("TII") owns a system of reciprocal brokerage of goods and services, i.e., barter and trade, among its clients and acts as the keeper of records for the transactions between
its clients for which...
PERKINS v. STATE - 9/21/1998
A jury convicted David Perkins of the murder of Herbert D. Ryals, III, and he was sentenced to death. The jury found as aggravating
circumstances that the murder was committed while the defendant was engaged in the commission...
TEACHERS' RETIREMENT v. FOREHAND - 9/17/1998
The Teachers' Retirement System of the State of Georgia ("TRS") sought to suspend the retirement benefits of David Arthur Forehand ("Forehand"), who had retired under the system in 1991 after 30 years of service, and to recoup benefits...
ROBINS FEDERAL CREDIT v. BRAND - 9/17/1998
Following the grant of their application for interlocutory review, Robins Federal Credit Union and Edward Levins (the credit union) appeal a state court order denying their second motion for summary judgment. The credit union is a...
WAL-MART v. HARRIS - 9/16/1998
We granted this discretionary appeal to determine whether an employer is responsible for temporary partial disability benefits where the employee refuses the employer's offer of full-time suitable work and instead accepts a part-time...
POTTS v. UAP-GA. AG. CHEM. - 9/14/1998
Rusty LeBlanc became ill after cleaning chemicals for his employer, UAP-GA. AG. CHEM., INC. (UAP). During stays at two hospitals, LeBlanc was treated for chemical poisoning and for other possible conditions. One doctor, as part of the...
WARDEN v. HOAR CONSTR. CO. - 9/14/1998
Billie Jo Warden filed this wrongful death action against Hoar Construction Company for the death of her husband. The trial court ruled that Hoar was immune from tort liability as a statutory employer under the workers' compensation...
DAN VADEN CHEVROLET v. MANN - 9/10/1998
We granted the discretionary appeal in this workers' compensation case to determine whether the burden of proof in an initial claim was improperly shifted to the employer, and whether the superior court erred in failing to accept the...
MARK THE MOVER v. LANCASTER - 9/10/1998
In this workers' compensation case, the State Board denied the claim on the ground the employee's injury did not arise out of and in the course of his employment, but the superior court concluded otherwise and reversed. Because there...
THOMAS v. DIAMOND RUG & CARPET MILLS - 9/1/1998
In Thomas v. Diamond Rug & Carpet Mills, 226 Ga. App. 403 (486 S.E.2d 664) (1997), we reversed the superior court's affirmance of the denial of Thomas' claim for workers' compensation benefits. The Supreme Court of Georgia granted...
ARMSTRONG STATE COLLEGE v. MCGLYNN - 9/1/1998
Plaintiff Brien McGlynn brought this action under the Georgia Tort Claims Act ("GTCA"), OCGA § 50-21-20 et seq., against defendants Armstrong State College ("ASC") and the Regents of the University System of Georgia, seeking to recover...
WAYCROSS MOLDED PRODUCTS - 8/20/1998
In this workers' compensation case, the State Board awarded benefits to the employee based upon a change in condition for the worse. OCGA § 34-9-104. We granted the employer's discretionary appeal to determine whether the State Board...
DISCOVERY POINT v. MILLER - 8/20/1998
The underlying litigation arose from disputes involving Discovery Point Franchising, Inc. ("DPFI"), a corporate franchisor of child
care centers, and a DPFI franchise owned by Douglas and Sharon Miller. Ultimately, the...
KELSON v. CENTRAL OF GA. R. CO. - 8/17/1998
Plaintiff-appellant Philip Kelson appeals from the grant of summary judgment to defendant-appellee Central of Georgia Railroad Company ("Central Railroad") on claims he pursued under the Federal Employers' Liability Act ("FELA") and...
JOHNSON v. WEYERHAEUSER CO. - 3/25/1998
We granted the discretionary appeal in this workers' compensation case to determine whether the superior court exceeded the scope of its review in reversing the appellate division's award of benefits.
Robin Johnson was employed...
DICKS v. ZURICH AM. INS. CO. - 3/20/1998
This is the second appearance of this case before us. In Zurich American Ins. Co. v. Dicks, 220 Ga. App. 725 (470 S.E.2d 279) (1996), this Court held by a vote of 6-3, that Dicks had a common law cause of action against Zurich based...
ZARACH v. ATLANTA CLAIMS ASSOCIATION - 3/11/1998
Dr. Robert Zarach and Chamblee Chiropractic Center filed suit against Atlanta Claims Association, William P. Claxton, and the law firm of Goodman, McGuffey, Aust & Lindsey seeking damages for: libel; slander; intentional infliction...
FINCHER v. STATE OF GA. - 3/10/1998
In August, 1993, the State Board of Pardons and Paroles of Georgia ("State Board") released to a local television station, pursuant to Georgia's Public Records Act (OCGA § 50-18-70 et seq.), an investigatory report concerning claims...
SYNTEC INDUS. v. GODFREY - 3/9/1998
We granted a discretionary appeal in this case to consider whether OCGA § 34-9-103 (a), as amended in 1994, violates due process by impermissibly shifting the burden of proof on appeal to a prevailing party who did not have a burden...
STORCH v. CAMBRIDGE MUT. FIRE - 3/3/1998
Allen Weaver was injured working on a house that plaintiff Jack Storch was building. Subsequently, Weaver filed a workers' compensation claim against Storch. Storch, who had a homeowner's insurance policy for the house with defendant...
KENDRICK v. FUNDERBURK - 3/2/1998
Jennifer H. Kendrick appeals the grant of summary judgment to Nelle M. Funderburk, Michael R. Funderburk, and the law firm of Funderburk & Mobley (collectively "the Funderburks") on her claims against them for abusive litigation...
Jenkins v. State - 2/23/1998
Larry L. Jenkins, Jr. was convicted of the malice murders and kidnappings with bodily injury and armed robbery of Terry and Michael Ralston, and theft of $600 in coins. The jury recommended two death sentences for the murders, finding...
CLEMMONS v. GRIFFIN - 2/23/1998
Ernest L. Clemmons, an experienced heating and air conditioning repairman, was seriously injured by an explosion which occurred while he was on a service call to repair the home air conditioning unit of Loretta T. Griffin. Clemmons...
PADGETT v. WAFFLE HOUSE - 2/23/1998
The issue presented in this granted certiorari is whether a worker's compensation claimant who is on restricted duty due to a compensable injury and who is discharged because of those restrictions is required to show that she has made...
BEERS CONSTR. v. DOYLE - 2/13/1998
This Court granted the discretionary appeal in this workers' compensation case to determine whether a general contractor may be
the statutory employer of a subcontractor's employee who is injured at the subcontractor's shop and...
BAHADORI v. SIZZLER #1543 - 12/5/1997
Resa Bahadori appeals from the decision of the State Board of Workers' Compensation, requiring him to reimburse his former employer, Sizzler # 1543 (Sizzler) and Sizzler's insurer, National Union Fire Insurance Company (National...
ROCOR INTL. v. GUYTON - 12/5/1997
In this workers' compensation case, permission was granted for appellant Rocor International ("Rocor"), the alleged employer of claimant James Guyton, to pursue a discretionary appeal under the following circumstances:
On August...
TRUCKSTOPS v. ENGRAM - 12/2/1997
We granted this discretionary appeal to determine whether the workers' compensation award in question was void as it resulted from a superior court order entered after the court lost jurisdiction over the matter. This appeal concerns...
HOME INS. CO. v. SUNRISE CARPET INDUS. - 11/6/1997
On April 19, 1990, Home Insurance Company ("Home Indemnity") , plaintiff-appellant, issued Sunrise Carpet Industries, Inc. ("Sunrise"), defendant-appellee, a policy of workers' compensation insurance and employer's liability insurance...
CITY OF ATLANTA v. MORGAN - 11/3/1997
This is an appeal from an order of the Fulton County Superior Court declaring the City of Atlanta's 1996 Domestic Partnership Benefits Ordinance unconstitutional under the Georgia Constitution, Art. III, Sec. VI, Par. IV (a) and (c), ...
BRYANT v. STATE - 9/22/1997
After a trial at which he represented himself, Jermaine LaJuan Bryant was found guilty of charges of murder, rape, kidnapping, armed robbery, and four counts of possession of a firearm during commission of the above four crimes. Bryant...
HUDSON v. SANTANGELO - 9/8/1997
In Case No. A97A1321, Hudson and Marshall IV, co-executors for the estate of Asa Marshall III, appeal from the judgment entered on the jury's verdict finding Marshall III (hereinafter Marshall) liable for damages suffered by Santangelo...
CARTER v. STATE - 9/2/1997
A Fulton County jury found appellant Ronald Carter guilty of two counts of armed robbery arising from the following set of facts, viewed in a light most favorable to the verdict. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61...
WEBB v. CITY OF ATLANTA - 8/27/1997
We granted claimant Ronald Webb a discretionary appeal in this workers' compensation case. In September 1994, an administrative law judge ("ALJ") ordered the City of Atlanta to pay temporary total disability benefits to Webb, a city...
CUMBERLAND DISTRIBUTION v. FUSON - 8/19/1997
Charles Fuson worked for Cumberland Distribution Services, Inc., from February 6, 1995, until his termination for cause on October 31, 1995. On June 9, 1995, he reported a neck injury at work. Fuson did not miss any work because of the...
HOLTON v. GA. POWER CO. - 8/12/1997
James M. Holton sued Georgia Power Company for injuries allegedly sustained at Plant Hatch while he was performing maintenance work for his employer Catalytic Industrial Maintenance Company, Inc. ("CIMCO"). Holton appeals the grant of...
CORNWELL v. CHAMBERS OF GEORGIA - 8/8/1997
Kenneth Cornwell and Kim Cornwell sued Chambers of Georgia, Inc. and Patrick McGhee to recover for damages stemming from a workplace injury. The Cornwells appeal summary judgment awarded to Chambers of Georgia, Inc. and McGhee. ...
SCAPA DRYERS FABRICS v. MURPHY - 8/8/1997
Having convinced the administrative law judge and the appellate division of the State Board of Workers' Compensation that Robin Murphy's leg and back problems were not related to her employment, Scapa Dryers Fabrics and its insurers...
MCKENZIE v. STATE - 7/30/1997
This is the second appearance of this case before this court. In McKenzie v. State, 223 Ga. App. 108 (476 S.E.2d 868) (1996), we conditionally affirmed Raleigh McKenzie's convictions of child molestation, incest, rape, and aggravated...
IN THE MATTER OF STEFANO A. DIDIO - 6/30/1997
The Bar seeks and the Review Panel recommends that Stefano A. Didio be disbarred in these nine separate cases for his numerous
infractions of disciplinary rules, as well as for his status as a recidivist under Bar Rule 4-103....
WELLBORN v. DEKALB COUNTY - 6/27/1997
Melia Wellborn appeals the dismissal of her complaint against Bruce Finkbone, the DeKalb County School District and unidentified defendants X, Y, and Z. She contends the trial court erred by dismissing her individual claims and by...
FORT HOWARD PAPER COMPANY v. HALLISEY - 6/17/1997
In Fort Howard Paper Co. v. Hallisey, 221 Ga. App. 325 (471 S.E.2d
231)(1996), we reversed the trial court's affirmance of the award of workers' compensation disability benefits to Hallisey. The Supreme Court granted certiorari...
J & C POULTRY v. REYES-GUZMAN - 6/16/1997
The Crider Companies/Crider Poultry ("Crider") and J & C Poultry Company ("J & C") filed these appeals from a superior court order reversing the Appellate Division of the State Board of Workers' Compensation's finding that Juan...
OWENS-BROCKWAY PACKAGING - 6/16/1997
In this workers' compensation case, Claimant Terry Hathorn, an employee of Owens-Brockway Packaging, Inc., sustained a compensable injury to her back in 1990. In 1993 Hathorn missed work for approximately six months due to problems...
PICKETT v. STATE - 6/10/1997
Lynn Derrick Pickett was convicted by a jury of burglary and simple battery. He appeals his convictions, raising three enumerations of error.
Viewed in a light most favorable to the jury verdict, the evidence shows that at...
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