Estes v. G&W Carriers, LLC

• Decision Date: 06 March 2020
• Docket Number: A19A2386,A19A2385
• Citation: 354 Ga.App. 156,840 S.E.2d 486
• Parties: ESTES v. G&W CARRIERS, LLC et al. G&W Carriers, LLC v. Estes.
• Court: Georgia Court of Appeals

354 Ga.App. 156

840 S.E.2d 486

ESTES

v.G&W CARRIERS, LLC et al.

G&W Carriers, LLC

v.Estes.

A19A2385

A19A2386

Court of Appeals of Georgia.

March 6, 2020

Eric Jonathan David Rogers, Lashonda Council Rogers, Michael Louis Goldberg, Atlanta, Nathan Alexander Gaffney, for Appellant in A19A2385.

Gregory H. Kinnamon, Dalton, Grant Butler Smith, Joel Patrick Purser, Atlanta, Rishi D. Pattni, for Appellee in A19A2385.

Gregory H. Kinnamon, Grant Butler Smith, Joel Patrick Purser, Atlanta, Rishi D. Pattni, for Appellant in A19A2386.

Eric Jonathan David Rogers, Lashonda Council Rogers, Michael Louis Goldberg, Atlanta, Nathan Alexander Gaffney, for Appellee in A19A2386.

McFadden, Chief Judge.

Heather Estes appeals from the order granting summary judgment to G&W Carriers, LLC in her personal injury action. Estes argues that whether she was an independent contractor or G&W’s employee — and thus barred from suing G&W — is a jury issue. We hold that there is no material question of fact that Estes is an employee. So her lawsuit against G&W is barred by the exclusive remedy provision of the Workers’ Compensation Act and we affirm the grant of summary judgment to G&W. We dismiss as moot G&W’s cross-appeal.

1. Background.

"On appeal from a grant of summary judgment, we review legal questions de novo and review the evidence in the light most favorable to the nonmoving party to determine whether there is a genuine issue of material fact." Milliken & Co. v. Ga. Power Co. , 306 Ga. 6, 8 (1), 829 S.E.2d 111 (2019). So viewed, the record shows that Estes and her husband were tractor trailer drivers who worked as a team. G&W hired them after they completed employment applications. Estes and her husband rotated driving responsibilities on their trips.

When Estes was injured, she and her husband were hauling a load of carpet from Georgia to California. The husband was driving and Estes was in the sleeping compartment of the tractor trailer. The husband lost control of the vehicle, it rolled over onto its side, and Estes was injured.

Estes filed this action against G&W alleging that her husband’s conduct caused the collision and that his liability could be imputed to G&W "under the doctrine of lease liability, agency, or apparent agency." G&W moved for summary judgment on two grounds: (1) that Estes’ action was barred by OCGA § 34-7-21, which provides that "the employer shall not be liable to one employee for injuries arising from the negligence or misconduct of other employees about the same business"; and (2) that Estes’ action was barred by the exclusive remedy provision of the Workers’ Compensation Act. OCGA § 34-9-11 (a). The trial court granted G&W’s motion for summary judgment, ruling that the action was barred by OCGA § 34-7-21. It did not address G&W’s exclusive remedy argument. In A19A2385, Estes appeals the grant of summary judgment to G&W. In A19A2386, G&W cross-appeals the trial court’s failure to address its exclusive remedy argument.

2. Estes was an employee and the exclusive remedy provision of the Workers’ Compensation Act bars her personal injury action.

Because G&W argued to the trial court that it was entitled to summary judgment on the ground that the exclusive remedy provision barred Estes’ action, we may affirm on that ground under the right for any reason rule even though it was not a basis for the trial court’s ruling. See City of Gainesville v. Dodd , 275 Ga. 834, 835, 573 S.E.2d 369 (2002) ("Under the ‘right for any reason’ rule, an appellate court will affirm a judgment if it is correct for any reason, even if that reason is different than the reason upon which the trial court relied."). And we do so.

The parties dispute whether Estes was an employee or an independent contractor. The issue is dispositive of this case because "an injured employee’s sole and exclusive remedy is under the Workers’ Compensation Act where the injury arises out of and in the scope of employment. OCGA § 34-9-11 (a)." Champion v. Pilgrim’s Pride Corp. of Delaware , 286 Ga. App. 334, 338 (c), 649 S.E.2d 329 (2007). And there is no material issue of fact that Estes’ injuries arose out of and in the course of her employment. See Smith v. Camarena , 352 Ga. App. 797, 799 (2), 835 S.E.2d 712 (2019) ("An injury is in the course of employment if it occurs within the period of employment at a place where the employee reasonably may be in the performance of his duties while he is fulfilling his duties or engaged in something incidental thereto.") (citation and punctuation omitted); Lee v. Sears , 223 Ga. App. 897, 898 (2), 479 S.E.2d 196 (1996) ("An injury arises out of employment when a reasonable person would perceive a causal connection between an employee’s working conditions and his injury."). See also White v. Excalibur Ins. Co ., 599 F.2d 50, 53 (II) (5th Cir. 1979) (member of two-person driving team who was sleeping in the cab at the time of collision was within the course of his employment).

As for the dispositive issue of the parties’ relationship, under longstanding Georgia law,

the true test ... to be applied in determining whether the relationship of the parties under a contract for the performance of labor is that of employer and servant, or employer and independent contractor, lies in whether the contract gives, or the employer assumes, the right to control the time, manner and method of executing the work, as distinguished from the right merely to require certain definite results in conformity to the contract.

Golosh v. Cherokee Cab Co. , 226 Ga. 636, 637, 176 S.E.2d 925 (1970) (citation and punctuation omitted). "The existence of this right to control by the employer may be inferred where the person is employed generally to perform certain services for another, and there is no specific contract to do a certain piece of work according to specifications for a stipulated sum." Boatright v. Old Dominion Ins. Co. , 304 Ga. App. 119, 121, 695 S.E.2d 408 (2010) (citation and punctuation omitted).

On the issue of whether G&W had the "the right to control the time, manner and method of executing the work," Golosh , 226 Ga. at 637, 176 S.E.2d 925, the undisputed record evidence shows that G&W hired Estes and her husband generally to drive its tractor trailer. G&W owned and had DOT authority over the tractor trailer, and when Estes and her husband drove, it was under G&W’s DOT authority. G&W retained the right to terminate Estes and her husband.

G&W paid all costs of...