Kight v. Liberty Mut. Ins. Co., 53262
| Decision Date | 08 February 1977 |
| Docket Number | No. 2,No. 53262,53262,2 |
| Parties | A. J. KIGHT v. LIBERTY MUTUAL INSURANCE COMPANY et al |
| Court | Georgia Court of Appeals |
Sumner & Mitchell, Douglas W. Mitchell, III, Douglas, for appellant.
Tillman, Brice, McTier, Coleman & Talley, George T. Talley, Valdosta, for appellees.
Appellant worked in an office in which, apparently, a certain amount of horseplay was indulged in. Some of this activity took place between appellant and a fellow employee, one Amos Fussell. On May 27, 1975, the manager reprimanded both of these employees because of an incident in which appellant called Fussell a "tar baby." There was some evidence that on July 29, 1975, appellant hit Fussell on the nose with a clipboard. The next morning appellant jabbed his fist into Fussell's face. After this fusillade of minimal violence, Fussell came up behind appellant and pulled his chair out from under him, resulting in some injury to appellant. The administrative law judge and the State Board of Workmen's Compensation denied compensation and the Superior Court sustained this determination. The appellant enumerates as error basically that the findings of fact are not sufficient to support the award or the judgment of the trial court. American Motorists Ins. Co. et al. v. Brown, 128 Ga.App. 813, 814, 198 S.E.2d 348, 349.
Continental Casualty Co. v. Weise, 136 Ga.App. 353, 354, 221 S.E.2d 461, 463.
In support of his claim, the appellant raised the "horseplay" theory of recovery. This court, in Bibb Mfg. Co. v. Cowan, 85 Ga.App. 816, 818, 70 S.E.2d 386, 388 has said, however, that: ...
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