Capitol Fish Co. v. Tanner

Birdsong, Judge.

This discretionary appeal was granted to determine whether the employer, Capitol Fish Company d/b/a Capitol Foods of Augusta, Inc. (Capitol), is immune to tort liability, by being in the status of an “employer” bound to provide workers’ compensation benefits for the deceased helper for one of Capitol’s drivers.

Taken in the light most favorable to the appellee plaintiff, who filed this wrongful death suit and is respondent in Capitol’s motion for summary judgment, the material facts are these: the deceased was hired and employed as helper by Capitol’s employee truck driver. The…