Georgia State Telephone Company v. Scarboro

Banke, Judge.

The appellant, Georgia State Telephone Company, contracted with appellee Scarboro for the construction of manholes and the laying of telephone cable. While carrying out the work, three of Scarboro’s employees were overcome by toxic fumes, leaving two dead and one disabled. The employees were covered by the Workers’ Compensation Act, and Scarboro’s carrier paid the benefits due under the Act.

The surviving employee and the representatives of the estates of the deceased employees subsequently filed suits against the telephone company to recover for personal injuries and wrongful…