Georgia State Tel. Co. v. Scarboro
| Decision Date | 07 December 1978 |
| Docket Number | No. 56353,56353 |
| Citation | 251 S.E.2d 309,148 Ga.App. 390 |
| Parties | GEORGIA STATE TELEPHONE COMPANY v. SCARBORO et al. |
| Court | Georgia Court of Appeals |
Lee & Clark, Fred S. Clark, Savannah, for appellant.
John W. Collier, Larry W. Rowe, Macon, W. Ward Newton, Lyons, Wilson R. Smith, Macon, Rountree & Cadle, W. E. Rountree, Swainsboro, for appellees.
The appellant, Georgia State Telephone Company, contracted with appellee Scarboro for the construction of manholes and the laying of telephone cable. While carrying out the work, three of Scarboro's employees were overcome by toxic fumes, leaving two dead and one disabled. The employees were covered by the Workers' Compensation Act, and Scarboro's carrier paid the benefits due under the Act.
The surviving employee and the representatives of the estates of the deceased employees subsequently filed suits against the telephone company to recover for personal injuries and wrongful death alleging that the incident resulted from the company's negligence in maintaining the manholes. The telephone company denied that it had been negligent and filed third-party complaints against Scarboro, alleging that the latter's negligence was responsible for the accident. However, on Scarboro's motion, the third-party complaints were dismissed. These dismissals were not appealed, nor did the telephone company defend the case on the merits. Instead, it consented to judgments in favor of the plaintiffs totaling $359,715.
After paying the consent judgments, the telephone company filed the present action against Scarboro seeking to hold him liable for the damages. It alleged two theories of recovery: (1) that it was entitled to contribution for Scarboro's negligence in causing the accident and (2) that Scarboro had agreed to indemnify it for all losses arising out of the construction. Scarboro's liability carrier, appellee United States Fidelity & Guaranty Company, defended this suit under a reservation of rights agreement. In addition, U. S. F. & G. filed a petition for declaratory judgment against both Scarboro and the telephone company contending that its insurance policy did not provide coverage for any liability which Scarboro might have to the telephone company arising solely from contract, as opposed to tort.
Motions for summary judgment were filed in both actions and were consolidated by the trial court for a hearing. The court then entered a consolidated order granting summary judgment to Scarboro in the telephone company's suit against Scarboro and granting a declaratory judgment to U. S. F. & G. in its action against Scarboro and the telephone company. From these judgments, the telephone company appeals. Held :
1. The telephone company cannot recover from Scarboro for contribution as a joint tortfeasor because Scarboro's payment of worker's compensation benefits makes him immune from any further liability on account of his negligence in causing the accident. See Code Ann. § 114-103; Central of Ga. R. Co. v. Lester, 118 Ga.App. 794, 803, 165 S.E.2d 587 (1968); Ga. Power Co. v. Diamond, 130 Ga.App. 268, 202 S.E.2d 704 (1974).
2. The indemnity agreement alleged to have been executed between the telephone company and Scarboro provided as follows: "The contractor shall save harmless the telephone company from and indemnify it against all claims and suits for injury or damage to any person or property whatsoever, including death, which may arise in or result from the performance of the work covered by this...
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...13-8-2(b) precursor statute to contract for plumbing work performed on existing apartment complex) and Georgia State Telephone Co. v. Scarboro, 148 Ga. App. 390, 251 S.E.2d 309 (1978) (applying section 13-8-2(b) precursor statute to contract for laying telephone wire and manhole covers). Se......
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...an indemnity agreement cannot be interpreted to hold an indemnitee harmless from its own negligence. Ga. State Tel. Co. v. Scarboro, 148 Ga.App. 390, 391(2), 251 S.E.2d 309 (1978)." Park Pride Atlanta v. City of Atlanta, supra at 690-691(1), 541 S.E.2d However, although language in an agree......
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Watson v. Union Camp Corp., CV493-124.
...identical to the one at issue did not purport to indemnify a party from his sole negligence. See Georgia State Tel. Co. v. Scarboro, 148 Ga.App. 390, 251 S.E.2d 309, 310 (1978) (interpreting provision that read: "The contractor shall save harmless the telephone company from and indemnify it......
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George R. Hall, Inc. v. Superior Trucking Co., Civ. A. No. C79-797A.
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