Ervin v. Great Dane Trailers, Inc.

Birdsong, Judge.

Appellants represent former employees of Great Dane Trailers, Inc., who have sued Great Dane in tort for their development of cancer allegedly as the result of exposure in their place of employment to the chemicals methylene chloride and “Feme Bond.” The trial court dismissed their complaint, finding their sole and exclusive remedy to be in a claim under the Workers’ Compensation Act.

On appeal, appellants argue that Great Dane was a general liability “self-insurer” and, as such, pursuant to OCGA § 34-9-11, is not immune to civil suit. Further, they contend Great Dane as a…