Whitehead v. CHP, LTD.

Deen, Presiding Judge.

Billy E. Whitehead, president of Whitehead Roofing & Sheet Metal, Inc., suffered an on-the-job knee injury while on the premises of the Shannon Motor Inn. He received workers’ compensation benefits through his company and filed a negligence action against CHP, the owner of the motel, and Howe D. Whitman, a general partner in CHP.

The trial court granted summary judgment to the defendants, holding that they were Whitehead’s statutory employer under OCGA § 34-9-8 and therefore entitled to tort immunity granted by OCGA § 34-9-11. Whitehead appeals. Held:

At the time Whitehead…