Smith v. Gortman

Hunt, Justice.

This case presents a constitutional challenge to the workers’ compensation exclusive remedy, OCGA § 34-9-11, as applied to wrongful death actions against fellow servants. The decedent was killed while he and Gortman were in their employer’s truck on the way to a job in Florida. The decedent’s parents brought this wrongful death action against Gortman who was driving the truck. The trial court granted summary judgment to Gortman on the ground that the plaintiffs’ claims were barred by OCGA § 34-9-11.

The plaintiffs’ argument that the workers’ compensation exclusive remedy…