While Susan Longuepee was walking to work from an employer-owned parking facility where she parked her car for ingress to work, she was struck by a vehicle owned and operated by her employer, the Georgia Institute of Technology. She and her husband sued Georgia Tech under the Georgia Tort Claims Act for personal injury and loss of consortium. The trial court granted summary judgment in favor of Georgia Tech ruling that the accidental injury was compensable under the Workers’ Compensation Act WCA, OCGA § 34-9-1 et seq., and that the exclusive remedy was a claim under the WCA. For the following reasons, we agree and affirm. Where an employee has suffered an accidental injury compensable under the WCA, “the WCA shall exclude all other rights and remedies of such employee . .on account of such injury, loss of service, or death.” OCGA § 34-9-11 a. The WCA provides compensation to an employee injured in an accident arising out of and in the course of employment. OCGA § 34-9-1 4. Thus, if Longuepee’s accidental injury was compensable under the WCA because it arose out of and in the course of her employment, her exclusive remedy was under the WCA and the trial court correctly dismissed her tort claim for personal injury and her husband’s derivative tort claim for loss of consortium. Henderson v. Hercules, Inc. , 253 Ga. 685 324 SE2d 453 1985.
The record shows that Longuepee’s injury arose out of and in the course of her employment. Longuepee was employed by Georgia Tech at the School of Biology located on the Tech campus. In connection with her employment, Georgia Tech provided Longuepee with space to park her car in a parking facility owned and controlled by Tech and located on the Tech campus about three blocks from the building where she worked. On the morning of the accident, Longuepee parked her car in the parking facility at about 7:15 a.m. and started to walk from the parking area to her work place where she was scheduled to start work at 7:30 a.m. During the walk to work, Longuepee was struck by a Georgia Tech owned and operated vehicle as she attempted to cross a public street which traversed her route.
