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The Coca-Cola Co. v. Parker

The exclusive remedy doctrine of the Workers' Compensation Act barred the former employee's claim for intentional infliction of emotional distress, which was ancillary to a physical occurrence arising in the course of her employment with the defendant company.

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Fannie Parker sued her former employer, The Coca-Cola Company “Coca-Cola”, and her former supervisor, John Ewing, for intentional infliction of emotional distress. The defendants moved for summary judgment on several grounds. The trial court denied the motion, but issued a certificate of immediate review, and we granted the defendants’ application for interlocutory appeal. Because Parker’s claim was barred by the exclusive remedy doctrine of Georgia’s Workers’ Compensation Act, we reverse. “To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991.” Webster v. Dodson , 240 Ga. App. 4, 5 522 SE2d 487 1999.

Viewed in the light most favorable to Parker, the evidence reveals that in 1994, Parker began working for Coca-Cola as a utility operator and was responsible for monitoring the machines that poured syrup into bags. In July 1997, Parker injured her back, neck and knee when she was hit by a pallet of cardboard that was being moved by a forklift.1 Parker’s physician restricted her from prolonged standing and lifting over her head.

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