P. F. Moon & Co. v. Payne

David Payne suffered a work-related injury on March 21, 1995, while employed by Dundee Mills, which paid him workers’ compensation benefits. On March 21, 1997, Dundee Mills filed a claim under OCGA § 34-9-11.1 against P. F. Moon & Company, Inc. and Lockwood Greene to recover the disability benefits that it paid to Payne. David and Elizabeth Payne moved to intervene on August 21, 1997, and filed a proposed complaint of intervenor plaintiffs along with their motion. Dundee Mills subsequently dismissed its claims against P. F. Moon and Lockwood Greene on September 12, 1997. The trial court then denied the Paynes’ motion to intervene, but we reversed this order in Payne v. Dundee Mills, 235 Ga. App. 514 510 SE2d 670 1998 “Payne I”, and remanded the case.

The Paynes filed a new complaint on October 5, 1999. This complaint tracked the claims raised in the Paynes’ proposed complaint from 1997. Both complaints included a claim for David Payne’s pain and suffering, which had not been asserted by Dundee Mills in the original complaint, as well as a claim by Elizabeth Payne for loss of consortium.