Sheets v. J.H. Heath Tree Service, Inc.
| Decision Date | 29 September 1989 |
| Docket Number | No. A89A1580,A89A1580 |
| Citation | 193 Ga.App. 278,387 S.E.2d 155 |
| Parties | SHEETS v. J.H. HEATH TREE SERVICE, INC. |
| Court | Georgia Court of Appeals |
Jean W. Levy, for appellant.
Webb, Carlock, Copeland, Semler & Stair, Dennis J. Webb, E. Alan Miller, Atlanta, for appellee.
Appellant-plaintiff was employed by Labor Pool. Labor Pool is in the business of making its employees available to others on a temporary basis. Appellee-defendant contracted with Labor Pool for four temporary laborers to assist in a land-clearing project. Appellant was one of the four Labor Pool employees who was provided to appellee. While engaged in the performance of his duties as appellee's temporary laborer, appellant was injured. He received workers' compensation benefits from Labor Pool. Appellant then brought this tort action against appellee. Appellee answered and raised the defense that pursuant to OCGA § 34-9-11, workers' compensation was appellant's exclusive remedy. Subsequently, appellee moved for summary judgment. The trial court granted summary judgment in favor of appellee, finding that the undisputed evidence of record showed that appellant was appellee's "borrowed servant." Appellant appeals from the grant of summary judgment in appellee's favor.
" Food Giant v. Davison, 184 Ga.App. 742, 743, 362 S.E.2d 447 (1987). The evidence of record establishes that Labor Pool, as appellant's 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 some control over him, including the right to terminate his employment as its "lendable servant." However, once there was an assignment of appellant to a special master, Labor Pool relinquished that control during the existence of the "borrowed servant" relationship. Insofar as the land-clearing...
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Preston v. Georgia Power Co.
...labor service "is in the very business of temporarily 'loaning' its employees to others[,] [cits.]," Sheets v. J. H. Heath Tree Svc., 193 Ga.App. 278, 279, 387 S.E.2d 155 (1989), this Court has repeatedly considered the employment status of such agency employees. See, e.g., Staffing Resourc......
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Coca-Cola Co. v. Nicks
...relates specifically to the occasion when the injury occurred." (Citations and punctuation omitted.) Sheets v. J.H. Heath Tree Svc., 193 Ga.App. 278, 279, 387 S.E.2d 155 (1989). See also Stephens v. Oates, 189 Ga.App. 6, 374 S.E.2d 821 (1988). Volt, the general employer in this case, assign......
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Staffing Resources, Inc. v. Nash
...issue was addressed by this court in Stephens v. Oates, 189 Ga.App. 6, 374 S.E.2d 821 (1988); see also Sheets v. J.H. Heath Tree Svc., 193 Ga.App. 278, 387 S.E.2d 155 (1989). In Stephens, a temporary employee sued her temporary employer after she was injured by another employee. The tempora......
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Workers' Compensation - H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon, Jr., and Phillip Comer Griffeth
...delete the SITF's entitlement to these funds). 69. O.C.G.A. Sec. 34-9-ll(c) (Supp. 1995). 70. See Sheets v. J.H. Heath Tree Serv., Inc., 193 Ga. App. 278, 387 S.E.2d 155 (1989); Six Flags Over Georgia v. Hill, 247 Ga. 375, 276 S.E.2d 572 (1981). 71. O.C.G.A. Sec. 34-9-11 (Supp. 1995). 72. S......