Knight v. Gonzalez

Pope, Judge.

Plaintiff/appellee, a minor, by and through his next friend and father filed a tort action against defendant/appellant, a co-employee, and his employer Jeff Stieglitz d/b/a Domino’s Pizza, for personal injuries sustained during an altercation with co-employee defendant. Plaintiff subsequently dismissed the suit against his employer. Defendant filed a motion for judgment on the pleadings on the theory that plaintiff’s tort action was barred by OCGA § 34-9-11 of the Workers’ Compensation Act. The court denied defendant’s motion and the case was tried before a jury. Relying on…