Burgett v. Thamer Construction, Inc.

Shulman, Chief Judge.

While working on a water plant in DeKalb County, appellant was injured when the boom on a crane, operated by appellee Cullom and owned by appellee Thamer Construction, Inc. (“Thamer”), broke and struck him. Appellant collected workers’ compensation benefits pursuant to an insurance policy obtained by The Collins Company, Inc. (“Collins”), and then proceeded in tort in this action against both Thamer and Cullom. Both defendants denied liability on the ground that Collins and Thamer were participants in a joint venture and as such were entitled to tort immunity pursuant to…