Dempsey v. G & E Construction Co.

WARNER, Judge.

An injured worker appeals a final summary judgment in favor of a subcontractor whom the trial court found was immune from suit because of the exclusive liability of the worker’s compensation statute. The question presented is whether a subcontractor is immune from tort liability to the employee of its sub-subcontractor. We hold that it is and affirm the summary judgment.

The facts in this case are not in dispute. Appellant, Dempsey, was injured on a job while performing work for Dixie Steel. The general contractor on the job contracted with appellee G & E Construction Company to…