O'KELLEY v. Gates

Banke, Judge.

The plaintiff was injured in a one-car accident and brought this action against the driver and her employer, Kinnett Dairies, Inc., the owner of the car. The trial court granted summary judgment to the defendants, ruling “that the plaintiffs injuries arose out of and in the course of her employment and... are compensable only under the... worker’s compensation law by reason of the exclusive remedy section of Code Ann. § 114-103 . . .”

The facts necessary for our determination are undisputed. The plaintiff was at the time of the accident manager of a Baskin-Robbins Ice Cream Store…