Shannon v. Combustion Engineering, Inc., 76848
| Decision Date | 06 September 1988 |
| Docket Number | No. 76848,76848 |
| Citation | 372 S.E.2d 818,188 Ga.App. 239 |
| Parties | SHANNON v. COMBUSTION ENGINEERING, INC. |
| Court | Georgia Court of Appeals |
Kyle Yancey, Mableton, for appellant.
Robert L. Pennington, Atlanta, for appellee.
This is an appeal from a summary judgment entered in favor of the appellee, Combustion Engineering, Inc., in an action by the appellant to recover damages for an injury arising out of an industrial accident.
The appellant was employed by Ingalls Iron Works, a subcontractor engaged by Georgia Power Company to participate in the construction of a power plant. The appellee had also been engaged by Georgia Power Company as a subcontractor and in that capacity operated a crane at the job site. During the course of the construction, the appellant's hand was crushed by some boards being removed by the crane from the interior of the plant. The appellant received workers' compensation benefits for the injury from his employer but also sought damages from the appellee, alleging, inter alia, that the reason the crane operator had been unable to stop the crane in time to prevent the injury was because commands were not being communicated to him directly from the work site but were being relayed via an intermediary. The appellant contends that had the appellee either employed a direct communication system or informed him of the danger of using the intermediary system, the injury would not have occurred. Held:
1. The appellee contends that it was insulated from liability pursuant to the Workers' Compensation Act because at all times relevant to the incident its crane operator was working under the direction and control of the appellant's employer as a "loaned servant." See generally OCGA § 34-9-11.
The loaned servant doctrine applies where " '(1) the special master had complete control and direction of the servant for the occasion; (2) the general master had no such control, and (3) the special master had the exclusive right to discharge the servant.' " Six Flags Over Ga. v. Hill, 247 Ga. 375, 377, 276 S.E.2d 572 (1981).
In support of its motion for summary judgment, the appellee submitted the affidavit of a foreman working for the appellant's employer, Ingalls Iron Works, to the effect that the appellee's only function had been to provide the crane service and that, on the particular occasion in question, the crane operator had been working under the supervision and control of Ingalls Iron Works. However, there was no evidence tending to establish that Ingalls Iron Works had the exclusive right to discharge the...
To continue reading
Request your trial
-
Garden City v. Herrera
...or that the general master had no control or direction over the employee on the occasion at issue); Shannon v. Combustion Engineering, Inc., 188 Ga.App. 239, 239(1), 372 S.E.2d 818 (1988) (finding, without further explanation, that the borrowed-servant rule did not apply when there was evid......
-
US v. Yates
... ... the Business Development Corporation of Georgia, Inc. ("BDC") and 774 F. Supp. 1370 Darlington Enterprises, ... ...
-
Howard v. JH Harvey Co., Inc.
...working for Harvey. See Southern R. Co. v. Hand, 216 Ga.App. 370, 371(1), 454 S.E.2d 217 (1995); Shannon v. Combustion Engineering, 188 Ga.App. 239, 240(1), 372 S.E.2d 818 (1988); Freeman v. Pumpco, Inc., 167 Ga.App. 312, 314, 306 S.E.2d 385 (1983). The grant of summary judgment in favor of......
-
Sheets v. J.H. Heath Tree Service, Inc.
...general master, is in the very business of temporarily "loaning" its employees to others. Compare Shannon v. Combustion Engineering, 188 Ga.App. 239, 372 S.E.2d 818 (1988); Food Giant v. Davison, supra. So long as appellant was unassigned to a special master, Labor Pool obviously retained s......