MacY's South, Inc. v. Clark

Pope, Chief Judge.

Plaintiff Jean Susan Clark and defendant Macy’s South, Inc. (Macys) both appeal from the trial court’s denial of their cross-motions for partial summary judgment. The sole issue on appeal is whether the exclusivity provision in the Georgia Workers’ Compensation Act (OCGA § 34-9-1 et seq.) acts as a bar to plaintiff’s recovery against Macys in this tort action.

Plaintiff worked as an assistant buyer for Macys in its downtown Atlanta store. It is undisputed that at all times relevant to this case, Macys owned and maintained a parking garage (Garage) that was directly across the…