Tuggle v. Burpee

The trial court properly found that the workers operating the forklift that hit the ladder on which the plaintiff was standing were independent contractors, not employees, of the defendant siding subcontractor.

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In November 2008, Brandon Helmick was painting the outside of a house under construction when he fell from his ladder and sustained serious injuries. He obtained workers compensation benefits through his employer, James Conrad, and filed suit against Stephen Burpee, Burpee Construction, LLC, Leigh Kersey, Kersey Home Builders, LLC, Paul Vogler, and William Baker, Jr. Following discovery, the trial court granted summary judgment to Kersey, his company, Burpee, and Burpee’s company. Helmick appealed the grant of summary judgment to Burpee and his company. When this appeal was filed, issues with other defendants remained pending in the trial court, including Helmick’s negligence claims against Vogler and Baker and Kersey’s request for attorney fees. Two months after filing this notice of appeal, Helmick committed suicide, and the trial court substituted Robert T. Tuggle, III, the administrator of Helmick’s estate, as the plaintiff. We granted Tuggle’s motion to be substituted as the appellant in this case. For consistency, however, we will refer to the appellant as Helmick in this opinion.

On appeal we review the trial court’s grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Ford v. Bank of Am. Corp. , 277 Ga. App. 708 627 SE2d 376 2006. Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Id. When reviewing the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence. Wachovia Bank, N.A. v. Moody Bible Inst. of Chicago , 283 Ga. App. 488, 489 642 SE2d 118 2007.

Tuggle v. Burpee

The trial court properly found that the workers operating the forklift that hit the ladder on which the plaintiff was standing were independent contractors, not employees, of the defendant siding subcontractor.

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