Holton v. Georgia Power Co., 491 S.E.2d 207 (Ga. Ct. App. 1997). · Go Syfert
Holton v. Georgia Power Co., 491 S.E.2d 207 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
22 citation events (18 in the last 25 years) across 2 distinct courts.
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228 Ga. App. at 136 Determining statutory employer status for property owners4 citing caseswhere majority owner of power plant was also obligated by agreement to other owners for plant’s maintenance, it became injured worker’s statutory employer, immune from tort liability1 citing court put it this way
  • Kevin Sinyard v. Piedmont Hosp., Inc., No. A21A1426 (Ga. Ct. App. Mar. 10, 2022).published 3 cites
    “the secondary liability and corresponding immunity for statutory employers apply to those who contract to perform certain work then sublet that work in whole or in part.”
  • James Brack v. Cppi of Georgia, Inc., 849 S.E.2d 521 (Ga. Ct. App. 2020).published
    Consequently, the cleaning and maintaining the portable toilets on the CMR site by TJ for the use of the CPPI’s employees was in furtherance of the subject matter of the CMR.21 Based on the foregoing, the contract between TJ and CPPI was f…
  • Ramcke v. Georgia Power Co., 703 S.E.2d 13 (Ga. Ct. App. 2010).published 2 cites
    Yoho v. Ringier of America, Inc., 263 Ga. 338, 339-342 ( 434 SE2d 57 ) (1993); compare Holton v. Ga. Power Co., 228 Ga. App. 135, 136-137 ( 491 SE2d 207 ) (1997).
  • Creeden v. Fuentes, 673 S.E.2d 611 (Ga. Ct. App. 2009).published 2 cites
    (where majority owner of power plant was also obligated by agreement to other owners for plant’s maintenance, it became injured worker’s statutory employer, immune from tort liability)
228 Ga. App. at 137 tractor who was Holton’s employer. See Yoho, 263 Ga. at 341. Under OCGA § 34-9-8, Georgia Power became Holton’s statutory employer, potentially liable for his…2 citing casesopening of page *137 (no citing court says what it cites this page for)
  • Bossard v. Atlanta Neighborhood Dev. P'ship, Inc., 564 S.E.2d 31 (Ga. Ct. App. 2002).published
    Co., 269 Ga. 715, 716 (1) ( 507 SE2d 428 ) (1998); Wright Assoc. v. Rieder, 247 Ga. 496, 497-500 (1) ( 277 SE2d 41 ) (1981); Holton v. Ga. Power Co., 228 Ga. App. 135, 137 ( 491 SE2d 207 ) (1997).
  • Warden v. Hoar Constr. Co., 507 S.E.2d 428 (Ga. 1998).published 2 cites
    See, e.g., Holton v. Georgia Power Co., 228 Ga. App. 135, 137 ( 491 SE2d 207 ) (1997); Paz v. Marvin M.
Retrieving the full opinion text from the archive…
Holton
v.
Georgia Power Company
A97A1158.
Court of Appeals of Georgia.
Aug 12, 1997.
Published opinion
491 S.E.2d 207
1997 Ga. App. LEXIS 1060
Dickinson & Mixson, Michael K. Mixson, for appellant., McNatt, Greene & Thompson, Hugh B. McNatt, Jones, Cork & Miller, H. Jerome Strickland, for appellee.
Harold R. Banke.
Cited by 9 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Court of Appeals of Georgia (1)
Judge Harold R. Banke.

James M. Holton sued Georgia Power Company for injuries allegedly sustained at Plant Hatch while he was performing maintenance work for his employer Catalytic Industrial Maintenance Company, Inc. (“CIMCO”). Holton' appeals the grant of summary judgment to Georgia Power Company.

[*136] Georgia Power is majority owner (50.1 percent) of Plant Hatch with the balance owned by Oglethorpe Electric Membership Corporation (30 percent), Municipal Electric Authority of Georgia (17.7 percent) and the City of Dalton (2.2 percent). Under the terms of the contracts of sale and operating agreements, Georgia Power assumed “sole responsibility” for the “planning, licensing, design, construction, operation, maintenance and disposal” of Plant Hatch. By contractual agreement with its fellow owners, Georgia Power had sole authority “to manage, control, maintain, and operate Plant Hatch.” Thus, Georgia Power was both majority owner of Plant Hatch and the principal contractor which was obligated by agreement to the other owners for the plant’s maintenance.

Georgia Power contracted with CIMCO to perform certain powerhouse maintenance services. While performing work for CIMCO, Holton was allegedly exposed to radiation while pulling tubes from the condenser. Holton asserted that he was injured when a Georgia Power employee treated him with a chemical to decontaminate him after the alleged exposure. Holton brought a workers’ compensation claim against CIMCO and received benefits.

In response to Holton’s suit, Georgia Power asserted that as Holton’s statutory employer under OCGA § 34-9-8, it was insulated from tort liability under OCGA § 34-9-11. On that basis, the trial court granted Georgia Power’s motion for summary judgment. Held:

In his sole enumeration of error, Holton contends that the trial court misconstrued the applicable law in finding that Georgia Power was his statutory employer. We disagree.

As a general rule, an owner who is in possession or control of the premises is not a statutory employer and is not immune from tort liability. Yoho v. Ringier of America, 263 Ga. 338, 341 (434 SE2d 57) (1993). However, an owner can attain “contractor” status under OCGA § 34-9-8 (a) “ ‘in the isolated situation, where [he] also serves as a contractor for yet another entity and hires another contractor to perform the work on the premises.’ (Cit.)” Yoho, 263 Ga. at 341. An owner who owes a secondary duty to another to perform a contractual duty is a “contractor” within the meaning of OCGA § 34-9-8 (a). Dye v. Trussway, Inc., 211 Ga. App. 139, 140 (438 SE2d 194) (1993). The secondary liability and corresponding immunity apply to those who contract to perform certain work then sublet that work in whole or in part. Redd v. Stanfield, 217 Ga. App. 573, 574 (1) (458 SE2d 394) (1995).

The unrefuted evidence shows that Georgia Power had the responsibility of contracting for the performance of the maintenance work at Plant Hatch. Notwithstanding Holton’s claim to the contrary, the record shows that Georgia Power was fulfilling its obligations as principal contractor in hiring CIMCO, an independent con[*137] tractor who was Holton’s employer. See Yoho, 263 Ga. at 341. Under OCGA § 34-9-8, Georgia Power became Holton’s statutory employer, potentially liable for his workers’ compensation benefits. As Holton’s statutory employer, Georgia Power was entitled to statutory immunity from Holton’s tort claims under OCGA § 34-9-11. Yoho, 263 Ga. at 341; see Finley v. Lehman, 218 Ga. App. 789, 791 (2) (463 SE2d 709) (1995); Intl. Leadburning Co. v. Forrister, 213 Ga. App. 558, 559 (445 SE2d 546) (1994).

Decided August 12, 1997 Dickinson & Mixson, Michael K. Mixson, for appellant. McNatt, Greene & Thompson, Hugh B. McNatt, Jones, Cork & Miller, H. Jerome Strickland, for appellee.

Judgment affirmed.

Beasley and Smith, JJ, concur.