Mann v. Workman, 72711
| Decision Date | 24 November 1986 |
| Docket Number | No. 72711,72711 |
| Citation | 351 S.E.2d 680,181 Ga.App. 211 |
| Parties | MANN et al. v. WORKMAN. |
| Court | Georgia Court of Appeals |
J. Curtis Hanks, J. Michael McGarity, Lawrenceville, for appellants.
B. Dean Grindle, Jr., Atlanta, for appellee.
This is an appeal from an order granting summary judgment in a civil action involving workers' compensation issues.
On December 28, 1982, at approximately 11:30 a.m., David B. Workman, appellee, and Marion E. Mann, appellant, both employees of Days Inns of America, Inc., drove together in an automobile owned by Workman from the premises of the business offices of Days Inns to the Platinum Club, described in the record as a dimly lit lounge. At that time Workman was Senior Vice President of Human Resources. Mann was Corporate Employment Manager. The facts are conflicting as to the purposes of the trip; however, it appears undisputed that both men consumed alcoholic beverages at the club, despite corporate policy prohibiting the consumption of alcohol either during working hours or at lunch. The amount of alcohol consumed by both men is also in dispute, although there is evidence that by late afternoon, the speech of both was slurred. The record reveals that both men remained at the Platinum Club from a point in time before 11:30 a.m. until approximately 5:30 p.m.
Driving back to the offices of Days Inns, Workman was forced to the right side of the road, whereupon the automobile he was driving flipped over, throwing Mann through the windshield onto the ground. As a result, Mann suffered serious injuries to his head, including his nose, skull and brain. Subsequently, while Mann was hospitalized, Workman, whose duties at Days Inns included labor relations, approached Allena Mann, the wife of Marion Mann, asking her to sign a document which would insure that her husband's salary and medical expenses would be reimbursed. Mann accepted payment of wage-loss benefits and medical expenses from Days Inns for approximately one year. During the following year, Marion and Allena Mann filed the civil action sub judice against Workman in his personal capacity, alleging negligence and loss of consortium. Days Inns was not named as a party defendant. Workman moved for summary judgment on the basis that the Manns were estopped from bringing this suit pursuant to O.C.G.A. § 34-9-11 due to Marion Mann's receipt of workers' compensation benefits. Upon entry of summary judgment in favor of Workman by the trial court, the Manns bring this appeal.
1. Appellants enumerate as error the trial court's finding that they were estopped from pursuing a common-law negligence suit against a co-employee for damages due to their receipt of workers' compensation benefits. The trial court relied upon the case of Thorn v. Phillips, 164 Ga.App. 47, 296 S.E.2d 251 (1982), as controlling authority. The court found that "[i]n that case, the plaintiff settled a workers' compensation claim with the defendant's employer, and in the tort action which was later filed, the plaintiff contended that the acts causing the injury did not arise out of and in the course of employment. Id. at 48, 296 S.E.2d 251. In the case sub judice ... Edmond Mann received benefit payments pursuant to the workers' compensation statutes, and medical expenses were paid pursuant to these statutes, but [he] did not file a claim for these benefits; he simply accepted them.
...
To continue reading
Request your trial
-
Dixie Roadbuilders, Inc. v. Sallet
...provision and estop that party from denying that an injury was covered by workers' compensation. See, e.g., Mann v. Workman, 181 Ga.App. 211, 213(1), 351 S.E.2d 680 (1986). In the case of a “voluntary payment,” however, our Supreme Court has stated that an employer in a situation where cove......
-
Kaplan v. Pulte Home Corp.
...insurer triggers the bar of OCGA § 34-9-11 because such benefits are provided by an employer to the employee. Mann v. Workman, 181 Ga.App. 211, 212-213(1), 351 S.E.2d 680 (1986), aff'd, 257 Ga. 70, 354 S.E.2d 831 (1987). However, under the facts of this case, Kaplan was an independent contr......
-
Connors v. Parsons
...employment status and that the widow would be estopped from claiming otherwise. Id. at 528. Similarly, the court in Mann v. Workman, 181 Ga.App. 211, 351 S.E.2d 680 (1986), aff'd, 257 Ga. 70, 354 S.E.2d 831 (1987) held that the acceptance of workers' compensation benefits triggers the bar o......
-
Dickey v. Harden
...derivative of that of his wife, he too is barred from bringing this negligence action against his wife's co-worker. Mann v. Workman, 181 Ga.App. 211(3), 351 S.E.2d 680 (1986), aff'd 257 Ga. 70, 354 S.E.2d 831 (1987). Accordingly, the trial court did not err in granting summary judgment to M......