[Download] "City of Dalton v. Gene Rogers Constr. Co." by Court of Appeals of Georgia ~ eBook PDF Kindle ePub Free

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eBook details

• Title: City of Dalton v. Gene Rogers Constr. Co.
• Author : Court of Appeals of Georgia
• Release Date : January 05, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The City of Dalton appeals the trial court's order granting Gene Rogers Construction Company's motion for summary judgment. The City argues on appeal that the trial court erred in finding its third party indemnity action against Rogers Construction under the High-voltage Safety Act, OCGA § 46-3-30 et seq, was barred by the exclusive remedy provision of the Workers' Compensation Act. We disagree and affirm the judgment of the trial court. This action arose out of an injury to one of Rogers Construction's employees, Danny Headrick. Headrick was electrocuted when a piece of iron he was trying to reposition came into contact with a power line owned by the City of Dalton d/b/a Dalton Utilities. Headrick and his wife sued the City for negligence and loss of consortium. The City denied liability and filed a third-party indemnity action against Rogers Construction pursuant to Georgia's High-voltage Safety Act. The pertinent provisions of this Act are as follows: ""No person, firm or corporation shall commence any work . . . if at any time any person or any [work related] item . . . may be brought within ten feet of any high-voltage line unless and until . . . [t]he person responsible for the work has given the notice required by [the provisions of the Act]; and [t]he owner or operator of such high-voltage line has effectively guarded against danger from accidental [223 GaApp Page 820] contact by either de-energizing and grounding the line, relocating it, or installing protective covering or mechanical barriers, whichever safeguard is deemed by the owner or operator to be feasible under the circumstances."" (Emphasis supplied.) OCGA § 46-3-33. ""The person responsible for the work shall be responsible to assure that the [above-mentioned] safety requirements . . . are completed prior to the commencement of any such work."" (Emphasis supplied.) OCGA § 46-3-34 (e). In the event that the person responsible for the work fails to assure that the safety requirements have been met, and ""subsequent activities within the vicinity of high-voltage lines result in damage to utility facilities or result in injury or damage to person or property [the person responsible for the work] shall be strictly liable for said injury or damage. . . . [and the] person [responsible for the work] shall also indemnify the owner or operator of such high-voltage lines against all claims, if any, for personal injury, including death, property damage, or service interruptions, including costs incurred in defending any such claims resulting from work in violation of Code Section 46-3-33."" (Emphasis supplied.) OCGA § 46-3-40.

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