Dowis v. Mud Slingers Inc.

The rule of lex loci delicti remains the law of Georgia with regard to the resolution of conflict of laws issues.

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This Court granted certiorari to the Court of Appeals in Dowis v. Mud Slinger Concrete, 269 Ga. App. 805 605 SE2d 615 2004, to consider whether the conflict of laws rule lex loci delicti should be retained in Georgia. For the reasons which follow, this Court will not abandon the traditional rule. Johnny Edwin Dowis “Dowis”, a Tennessee resident, was hired by a Missouri corporation, Mud Slingers, Inc. “Mud Slingers”, whose president is Michael Clement Graves “Graves”, to hang large sheets of precast plaster molding at a national chain hotel in Roswell, Georgia. Dowis was injured at the Roswell project when he fell four stories from the basket of a telescopic boom forklift operated by Graves.

Mud Slingers had workers’ compensation insurance in Missouri, where Dowis filed his claim and received benefits. Dowis later filed this tort action in Georgia seeking damages against Mud Slingers and Graves. Dowis argued that, under Missouri’s workers’ compensation law, he could collect benefits and bring a tort action against Mud Slingers and/or Graves. Applying the exclusive remedy provision of the Georgia Workers’ Compensation Act, OCGA § 34-9-11 et seq., and the lex loci delicti rule regarding the applicable substantive law, the trial court granted summary judgment to the defendants. The Court of Appeals affirmed the grant of summary judgment, holding that lex loci delicti and the consequent application of Georgia’s exclusive remedy provision precluded Dowis from maintaining his tort action in Georgia. In so doing, the Court of Appeals correctly noted that this Court has addressed the issue of the viability of the rule of lex loci delicti and has continued to apply it. Sargent Indus., Inc. v. Delta Air Lines , 251 Ga. 91 303 SE2d 108 1983; see also Mullins v. M.G.D. Graphics Systems Group , 867 F.Supp. 1578 N.D.Ga.,1994.

Dowis v. Mud Slingers Inc.

The rule of lex loci delicti remains the law of Georgia with regard to the resolution of conflict of laws issues.

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