American Mut. Liability Ins. Co. v. Fuller
| Decision Date | 15 March 1971 |
| Docket Number | No. 2,No. 45885,45885,2 |
| Citation | 123 Ga.App. 585,181 S.E.2d 876 |
| Parties | AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. v. S. E. FULLER |
| Court | Georgia Court of Appeals |
Syllabus by the Court
The principal contractor had use and control of the highways for the purpose of the contract and, to the extent necessary for performance of the hauling contract, highways were 'premises' on which the principal contractor had undertaken to execute work.
This is an appeal from the order of the superior court which reversed an award of the State Board of Workmen's Compensation which denied the claimant workmen's compensation benefits.
The order of the superior court held that the award should be reversed because the board had ruled that the provisions of Code § 114-112 as amended, Ga.L.1969, p. 671, did not apply to the claim in question. Hames Supply Company, a Georgia concern, during the time relevant to this appeal, entered into agreements with various Georgia poultry processors to transport poultry from some point in the State of Georgia to some point without the State. All the agreements contemplated that the mode of transportation was to be by truck. After securing an agreement, Hames Supply Company would then sublet the performance of the agreement to parties like the appellee's immediate employer, Donald Marshall. In the instant case, Hames contracted with Ralston Purina of Gainesville, to transport poultry from Gainesville to Hawthorne, New Jersey.
The claimant was driving this particular load of poultry pursuant to an agreement between his immediate employer, Donald Marshall and Hames Supply Company. Marshall was the subcontractor and Hames Supply Company was the primary contractor insofar as the performance of Hames Supply Company's agreement with Ralston Purina was concerned.
The claimant received an injury while transporting the poultry in South Carolina.
Brackett, Arnall & Stephens, H. P. Arnall, Atlanta, for appellants.
Arthur Gregory, Atlanta, for appellee.
The claimant's immediate employer, Marshall, did not have sufficient employees to come within the provisions of the Workmen's Compensation Act. The appellant contends that Marshall, the claimant's immediate employer, was an independent contractor and therefore Hames Supply Company would not be responsible to the claimant for workmen's compensation benefits for any injuries he received while in Marshall's employment.
Code Ann. § 114-112 provides: ...
To continue reading
Request your trial
-
Mullinax v. Pilgrim's Pride Corp.
...decedent was at Hall’s farm to haul birds on the date of the accident.Similarly, for instance, in American Mut. Liability Ins. Co. v. Fuller , 123 Ga. App. 585, 588, 181 S.E.2d 876 (1971), the principal contractor had entered into a hauling contract with the plaintiff’s employer to transpor......
-
Hudgins v. Bacon
... ... 735, 736, 235 S.E.2d 35; Hicks v. American Interstate Ins. Co., 158 Ga.App. 220, 225, 279 S.E.2d 517 ... such negligence can be proved in professional liability cases. This is so for the obvious reason that in cases ... perform and furnish certain goods or services (American Mut. Liability Ins. Co. v. Fuller, 123 Ga.App. 585, 587, 181 ... ...
-
Massey v. U.S.
...could be liable for workers' compensation benefits to injured employees of independent contractors, American Mutual Liability Ins. Co. v. Fuller, 123 Ga.App. 585, 181 S.E. 876 (1971), but was not afforded immunity from suit in tort under Ga.Code Ann. Sec. 114-103, O.C.G.A. Sec. 34-9-11. Bli......
-
Wright Associates, Inc. v. Rieder
...independent subcontractor could recover worker's compensation benefits from the principal contractor. American Mutual Liability Ins. Co. v. Fuller, 123 Ga.App. 585, 181 S.E.2d 876 (1971). 2 Thus, although a principal contractor was liable for worker's compensation benefits as a statutory em......
-
Workers' Compensation - H. Michael Bagley, Daniel C. Kniffen, and Katherine D. Dixon
...86. Axson Timber, 286 Ga. App. at 482-83, 649 S.E.2d at 610. 87. Id. at 483, 649 S.E.2d at 611; Am. Mut. Liab. Ins. Co. v. Fuller, 123 Ga. App. 585, 586-88, 181 S.E.2d 876, 878 (1971). 88. Gramling v. Sunshine Biscuits, Inc., 162 Ga. App. 863, 864, 292 S.E.2d 539, 541 (1982). 89. Axson Timb......
-
Workers' Compensation
...Timber Co., 286 Ga. App. 423, 649 S.E.2d 795 (2007)). 87. Id. at 189-90, 840 S.E.2d at 672-73 (quoting O.C.G.A. § 34-9-8 (d)).88. 123 Ga. App. 585, 181 S.E.2d 876 (1971).89. Mullinax, 354 Ga. App. At 190, 840 S.E.2d at 673 (quoting American Mutual, at 587-88, 181 S.E.2d at 878).90. 354 Ga. ......