Rockwell v. Lockheed Martin Corp., No. A00A2433.

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtMILLER.
Citation248 Ga. App. 73,545 S.E.2d 121
PartiesROCKWELL v. LOCKHEED MARTIN CORPORATION.
Docket NumberNo. A00A2433.
Decision Date30 January 2001

545 S.E.2d 121
248 Ga.
App. 73

ROCKWELL
v.
LOCKHEED MARTIN CORPORATION

No. A00A2433.

Court of Appeals of Georgia.

January 30, 2001.

Reconsideration Denied February 15, 2001.


Eastman & Apolinsky, Stephen D. Apolinsky, Decatur, for appellant.

Downey & Cleveland, Russell B. Davis, Alan J. Gibson, Marietta, for appellee.

MILLER, Judge.

Doris Rockwell sued her employer, Lockheed Martin Corporation, for injuries she sustained when she fell in Lockheed's parking lot. Arguing that Rockwell's claim is barred by the exclusive remedy of the Workers' Compensation Act,1 Lockheed moved for summary judgment. The trial court agreed and granted Lockheed's motion. Rockwell appeals this grant, and we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.2 We apply a de novo standard of review from a grant of summary judgment, and we view the evidence, and all reasonable inferences drawn from it, in the light most favorable to the nonmovant.3

So viewed, the evidence showed that while traveling across a walkway on her way to the parking lot for her scheduled lunch break, Rockwell's foot was caught on the handle of a metal dumpster lid causing her to fall, injuring her face, gums, and arm. While Rockwell was in the hospital, she was told by a representative of Lockheed's workers' compensation department that she had no claim for benefits because she had been on her lunch break. Rockwell's former counsel concluded that, based on Lockheed's responses to his request for admissions, Rockwell's injury

545 S.E.2d 122
arguably did not occur during the course of her employment, and he therefore recommended that Rockwell pursue a claim of negligence. As a result, Rockwell sued in tort alleging negligence as well as nuisance and fraud and argues on appeal that Lockheed cannot deny her benefits and still contend that her tort claim is barred by the Workers' Compensation Act

Generally, where an employee is on a scheduled break and is not conducting her employer's business, the Workers' Compensation Act does not apply.4 But the "ingress and egress" rule is equally clear: Where the employee is still on her employer's premises in the act of egressing those premises, even if on break, then the Workers' Compensation Act does apply.5 Therefore, Lockheed may not deny [248 Ga. App. 74] Rockwell benefits based on the inapplicable "scheduled break" exception.

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14 practice notes
  • Frett v. State Farm Emp. Workers' Comp., A18A0820
    • United States
    • United States Court of Appeals (Georgia)
    • November 2, 2018
    ...benefits and medical expenses arising from her fall, relying upon this Court’s decision in Rockwell v. Lockheed Martin Corp. , 248 Ga. App. 73, 545 S.E.2d 121 (2001). The State Board of Workers' Compensation (the "Board") reversed the ALJ’s award, concluding that Frett’s injury did not aris......
  • Frett v. State Farm Emp. Workers' Comp., S19G0447
    • United States
    • Supreme Court of Georgia
    • June 16, 2020
    ...further extended, quite logically, to employees who were leaving their workplace to go to lunch. See Rockwell v. Lockheed Martin Corp., 248 Ga. App. 73, 73, 545 S.E.2d 121 (2001) (exclusive workers’ compensation remedy applied to employee who was injured on her way to the employer's parking......
  • Johnson v. Publix Supermarkets, No. A02A0428.
    • United States
    • Georgia Court of Appeals
    • July 16, 2002
    ...has not been used before to present additional barriers to an employee who falls at work. See, e.g., Rockwell v. Lockheed Martin Corp., 248 Ga.App. 73, 545 S.E.2d 121 (2001) (Act applies to fall in parking lot). Rather, the doctrine has been used to address situations outside the work norm.......
  • Daniel v. Bremen-Bowdon Inv., Co., A18A1764
    • United States
    • United States Court of Appeals (Georgia)
    • July 14, 2021
    ...was injured. 348 Ga. App. at 803, 824 S.E.2d 698.360 Ga.App. 717 Relying on this Court's decision in Rockwell v. Lockheed Martin Corp. , 248 Ga. App. 73, 545 S.E.2d 121 (2001), an Administrative Law Judge with the trial division of the State Board of Workers’ Compensation ("ALJ") concluded ......
  • Request a trial to view additional results
14 cases
  • Frett v. State Farm Emp. Workers' Comp., A18A0820
    • United States
    • United States Court of Appeals (Georgia)
    • November 2, 2018
    ...benefits and medical expenses arising from her fall, relying upon this Court’s decision in Rockwell v. Lockheed Martin Corp. , 248 Ga. App. 73, 545 S.E.2d 121 (2001). The State Board of Workers' Compensation (the "Board") reversed the ALJ’s award, concluding that Frett’s injury did not aris......
  • Frett v. State Farm Emp. Workers' Comp., S19G0447
    • United States
    • Supreme Court of Georgia
    • June 16, 2020
    ...further extended, quite logically, to employees who were leaving their workplace to go to lunch. See Rockwell v. Lockheed Martin Corp., 248 Ga. App. 73, 73, 545 S.E.2d 121 (2001) (exclusive workers’ compensation remedy applied to employee who was injured on her way to the employer's parking......
  • Johnson v. Publix Supermarkets, No. A02A0428.
    • United States
    • Georgia Court of Appeals
    • July 16, 2002
    ...has not been used before to present additional barriers to an employee who falls at work. See, e.g., Rockwell v. Lockheed Martin Corp., 248 Ga.App. 73, 545 S.E.2d 121 (2001) (Act applies to fall in parking lot). Rather, the doctrine has been used to address situations outside the work norm.......
  • Daniel v. Bremen-Bowdon Inv., Co., A18A1764
    • United States
    • United States Court of Appeals (Georgia)
    • July 14, 2021
    ...was injured. 348 Ga. App. at 803, 824 S.E.2d 698.360 Ga.App. 717 Relying on this Court's decision in Rockwell v. Lockheed Martin Corp. , 248 Ga. App. 73, 545 S.E.2d 121 (2001), an Administrative Law Judge with the trial division of the State Board of Workers’ Compensation ("ALJ") concluded ......
  • Request a trial to view additional results

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