Maryland Casualty Insurance v. Glomski

I respectfully dissent with regard to overruling Murphy v. Sears Roebuck & Co., 209 Ga. App. 171 (433 SE2d 325) as it is my view that Murphy is inapposite in the case sub judice.

In Murphy, the plaintiff was injured while working in Arizona and elected workers’ compensation benefits pursuant to Arizona law. The plaintiff in Murphy then filed a products liability action in Geor*762gia more than a year after his injury and this Court affirmed the dismissal of the complaint based on an Arizona law divesting a worker of the right to sue a third-party tortfeasor more than a year after any such claims…