Fowler-Flemister Concrete, Inc. v. Sumner

Beasley, Presiding Judge.

Gilbert and Sherin Sumner sued Fowler-Flemister Concrete, Inc. to recover for personal injuries sustained by Mr. Sumner while working at defendant’s concrete manufacturing facility. This case is before the court pursuant to the grant of defendant’s application for interlocutory appeal from the denial of summary judgment. The issue is whether appellant/defendant is the statutory employer of appellee/ plaintiff under OCGA § 34-9-8 (a), and therefore immune from tort liability under the exclusive remedy provision of the Georgia Workers’ *313Compensation Act, OCGA § 34-9-11.…