Benson Paint Co. v. Williams Const. Co.
| Decision Date | 02 February 1973 |
| Docket Number | No. 47488,No. 2,47488,2 |
| Citation | 195 S.E.2d 671,128 Ga.App. 47 |
| Parties | BENSON PAINT COMPANY v. WILLIAMS CONSTRUCTION COMPANY et al |
| Court | Georgia Court of Appeals |
Hatcher, Stubbs, Land, Hollis & Rothschild, Albert W. Stubbs, Columbus, for appellant.
Kelly, Champion, Denney & Pease, Forrest L. Champion, Jr., Roberts & Kilpatrick, Columbus, Neely, Freeman & Hawkins, Atlanta, for appellees.
Syllabus Opinion by the Court
Bobby Edward Smith (hereinafter referred to as plaintiff) filed a complaint in the Muscogee Superior Court in which in was alleged that he was injured while employed by Benson Paint Company (hereinafter referred to as third-party defendant) while working on a construction project where Williams Construction Company (hereinafter referred to as defendant) was the general contractor and the third-party defendant was a subcontractor. Thereafter, defendant filed its answer and a third-party complaint against the third-party defendant and another. Subsequently a second answer was filed on behalf of the defendant which was withdrawn. The third-party defendant filed an answer to the third-party complaint alleging, inter alia, that the plaintiff was receiving weekly payments of compensation under the applicable workmen's compensation laws. The third-party defendant filed a motion for summary judgment with supporting documents. The defendant filed both an amended and recast third-party complaint, and an amended and recast answer. The third-party defendant's motion for summary judgment was denied and a certificate for immediate review was duly entered. Notice of appeal from that judgment was filed by the third-party defendant.
From the pleadings and proof offered the following facts appear. In his complaint, plaintiff alleged that he was employed by the third-party defendant on January 13, 1971, and was on that date engaged in a construction project in Phenix City, Alabama; the defendant was the general contractor of this project and third-party defendant was a sub-contractor; the plaintiff was injured when, in stepping off of a ladder on which he was standing, he slipped on a piece of conduit and fell upon a glass bottle; it was the duty of defendant to keep the work premises clean.
The defendant (third-party plaintiff) stated in its third-party complaint, as amended, that the defendant had turned over possession and control of the premises to the third-party defendants who thereafter had the primary duty and obligation to maintain the premises in a safe and clean condition, and that if the plaintiff was injured due to the negligence of the defendant in failing to maintain the premises in a safe condition, then the third-party defendants would be liable over to the defendant for any sums adjudged against defendant in favor of plaintiff. The defendant further incorporated into its third-party complaint subcontracts entered into between it and each of the third-party defendants, which subcontracts contained in part the following provisions: Held:
1. The third-party complaint does state that the cause of the plaintiff's injuries was the negligence of the third-party defendant and not that of the defendant. Of...
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...Construction Company v. Montgomery Elevator Company et al., 121 Ga.App. 711, 175 S.E.2d 116; Benson Paint Company v. Williams Construction Company, 128 Ga.App. 47, 49, 195 S.E.2d 671. Only one Georgia case has come to my attention where it is held that an indemnity agreement containing no e......
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