Mimms v. Sisk Decorating Co.

Quillian, Presiding Judge.

Plaintiff Mimms appeals from the grant of summary judgment to the defendant Sisk Decorating Company, Inc. Sisk asserted a defense of collateral estoppel, relying on the prior holding of the Board of Workers’ Compensation that Mimms was an employee of another.

Mimms was injured by falling from a scaffold while painting. He alleged he was injured by the combined negligence of Sisk and other defendants who required him to work on a scaffold without a guardrail, and by the “agents”of Sisk negligently moving the scaffold while he was working — causing him to fall and be…