Winn-Dixie Atlanta, Inc. v. Couch

McMurray, Presiding Judge.

Cecil Wayne Couch, an employee of Automatic Icemaker Company, suffered an on-the-job injury while on the premises of WinnDixie Atlanta, Inc. (“Winn-Dixie”). Couch received workers’ compensation benefits through his employer and filed a tort action against Winn-Dixie. Winn-Dixie denied the material allegations of the complaint and subsequently filed a motion for summary judgment. A major argument asserted by Winn-Dixie was that it was Couch’s statutory employer under OCGA § 34-9-11.

The undisputed evidence showed that on May 28, 1985, Winn Dixie was in the final stages…