Godbee v. Western Elec. Co., Inc.
| Decision Date | 05 March 1982 |
| Docket Number | No. 63149,63149 |
| Citation | 288 S.E.2d 881,161 Ga.App. 731 |
| Parties | GODBEE et al. v. WESTERN ELECTRIC COMPANY, INC. |
| Court | Georgia Court of Appeals |
Scott Walters, Jr., East Point, for appellant.
Susan Cahoon, Atlanta, for appellee.
Workers' Compensation--Statutory Employer. Marvin O. Godbee was an iron worker who was directly employed by Riggs-Distler as a welder and to perform other iron related work. For the six or seven years prior to May 18, 1979, Godbee's place of work had been in and about a cable plant owned and operated by Western Electric Company (WECO). On May 18, 1979, Godbee was standing on a ladder about six feet off the floor in WECO's cable plant removing a steel strut when a fork lift being operated by an employee of WECO struck one of the four legs of the step ladder causing Godbee to fall to the floor and suffer certain injuries. Godbee sought and obtained workers' compensation from his immediate employer, Riggs-Distler. He and his wife then brought a tort action against WECO seeking damages for personal injuries and loss of consortium. WECO moved for summary judgment on the grounds that it was the statutory employer of Godbee and as such enjoyed the statutory immunity from a common law negligence action in those cases where the injured party was entitled to and draws workers' compensation. See Code Ann. §§ 114-103, 114-112. The trial court denied summary judgment to Godbee and granted summary judgment to WECO. The Godbees, man and wife, bring this appeal complaining of the grant of summary judgment to WECO. Held :
The thrust of the argument made by WECO is that WECO is in effect a contractor (i.e., one party to a contract) who had employed a subcontractor, Riggs-Distler, and as a contractor engaged in business remained secondarily liable for workers' compensation to Godbee if Riggs-Distler proved unable to make all required payments. The appellants Godbees argue that WECO is an owner and not a contractor; that an owner is a third party and not contractor within the purview of Code Ann. § 114-112; therefore, WECO is not entitled to tort immunity.
Code Ann. § 114-112, in pertinent part, reads: "A principal, intermediate or subcontractor shall be liable for compensation to any employee injured while in the employ of any of his subcontractors engaged upon the subject-matter of the contract, to the same extent as the immediate employer." Under the facts of this case, it can be concluded that an injury occurred to Godbee while he was working for his immediate employer (Riggs-Distler) on the subject matter of the contract between Riggs-Distler (maintenance of WECO's cable plant) and WECO;...
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