Clockwise from top left: Daniel Colin Beer of Smith Beer Law in Avondale Estates, Georgia; Naveen Ramachandrappa of Bondurant Mixson & Elmore in Atlanta; attorney Lamonte E. Scott of Snellville, Georgia; and Nicole Marie Bigman Buchwald of Smith Beer Law in Avondale Estates, Georgia. Courtesy photos Narrow Exception to Workers' Compensation Act Revives Wrongful-Death Suit
"This decision helps clarify a nuanced area of the law that deals with exceptions to the applicability of the Worker's Compensation Act," said prevailing plaintiff-appellant counsel Daniel C. Beer of Smith Beer Law.
October 14, 2024 at 02:57 PM
8 minute read
What You Need to Know
- Georgia Court of Appeals reverses Rockdale County State Court judge's dismissal of a wrongful death action.
- Intermediate appellate court finds Georgia Workers' Compensation Act did not bar wrongful death action brought against Solo Cup Operating Corp. after employee killed by co-worker.
- Dispute pit appellant counsel with Smith Beer Law, Bondurant Mixson & Elmore and Sinton Scott Minock & Kerew against appellee counsel with Rutherford & Christie and Agasarkisian & Marshall Law Group.
An appellate ruling has opened the door for the mother of a man killed by a co-worker during work hours to pursue a wrongful-death complaint in Rockdale County State Court, rather than through the State Board of Workers' Compensation.
The Georgia Court of Appeals found the Georgia Workers' Compensation Act did not bar the wrongful-death action by plaintiff Deborah Simmons on behalf of her dead son, Taurus Andrews. And as a result, it reversed a dismissal motion granted by Rockdale County State Judge Richard R. Read to defendant Solo Cup Operating Corp.
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