Underwood v. Burt

I respectfully dissent.

While Burt agreed that CC & B was covered by the immunity provided by the “loaned servant/loaned employee” doctrine, see United States Fidelity &c. Co. v. Forrester, 230 Ga. 182 (196 SE2d 133) (1973), and Bosch v. Perry, 169 Ga. App. 28, 29 (1) (311 SE2d 481) (1983), this does not dispose of the issue before us.

The fact that Burt is considered a “loaned employee” to CC & B for purposes of determining CC & B’s immunity, does not mean that Underwood is thereby an “employee of the same employer” as provided in OCGA § 34-9-11, so as to preclude suit against him as a *383third-pa…