TaiLexi AI U.S. Case Law

Mull v. Aetna Casualty & Surety Company

MULL v. AETNA CASUALTY & SURETY COMPANY Et Al.

Mull v. Aetna Cas. & Sur. Co., 172 S.E.2d 147 (Ga. Ct. App. 1969)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
November 12, 1969
Docket
No. 44616
Judges
Jordan, Hall, Whitman
Citations
172 S.E.2d 147120 Ga. App. 7911969 Ga. App. LEXIS 928

Opinion — Jordan

Jordan, Presiding Judge.

This is an action by an employee’s widow against a workmen’s compensation carrier and its agent for the wrongful death of the employee resulting from the alleged negligence of the defendants in inspecting the machinery of the employer and failing to warn employees of the dangerous condition of a machine. The employee’s death is shown by the allegations to be compensable under the workmen’s compensation law. The trial court sustained the defendants’ motion to dismiss the complaint as failing to state a claim upon which relief can be granted.

Under the circumstances alleged the workmen’s compensation carrier and its representative in making such inspection were the alter ego of the employer within the statutory definition equating the insurance carrier to the employer “as far as applicable” and in this respect are entitled to the immunity afforded the employer, under the workmen’s compensation law excluding, as against the employer, “all other rights and remedies of such employee, his personal representative, parents, dependents or next of kin, at common law or otherwise, on account of such injury, loss of service or death” and are not to be regarded as “a person or persons other than the employer” who may be “liable to pay damages.”

Code §§ 114-101, *792 114-102, 114-103, 114-403. See Southern Wire &c., Inc. v. Fowler, 217 Ga. 727 ( 124 SE2d 738 ).

Argued July 9, 1969 Decided November 12, 1969 Rehearing denied December 10, 1969 Ross & Finch, Claude R. Ross, Ellis Ray Brown, Mundy, Gammage & Cummings, Lamar Gammage, for appellant.

Edward E. Dorsey, John C. Gray, for appellees.

Accordingly, the trial court properly sustained the defendants’ motions to dismiss the complaint of the widow as failing to state a claim upon which relief can be granted.

Although the issue here decided is one of novel impression in this State, we have considered the numerous cases revealing a split of authority in other jurisdictions, because of differing statutory provisions and for other reasons, as cited and discussed in the briefs. For numerous citations, see 93 ALR2d 598 and Later Case Service, ALR2d.

Judgment affirmed.

Hall and Whitman, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 21 cases

View all citing references →
1971: 11973: 11974: 51975: 11978: 21980: 31981: 11982: 11985: 21986: 11991: 12002: 12008: 119712026peak 1974 · 5

Relies on it most ⓘ

  1. Sims v. American Casualty Co.206 S.E.2d 121 (Ga. Ct. App. 1974)
  2. Coker v. Deep South Surplus of Georgia, Inc.574 S.E.2d 815 (Ga. Ct. App. 2002)
  3. United States Fire Insurance v. Day221 S.E.2d 467 (Ga. Ct. App. 1975)
  4. Kifer v. Liberty Mutual Insurance777 F.2d 1325 (8th Cir. 1985)
  5. Providence Washington Insurance v. Sims209 S.E.2d 61 (Ga. 1974)
  6. Vaughn v. Jernigan242 S.E.2d 482 (Ga. Ct. App. 1978)

Most recent

  1. Coker v. Great American Insurance659 S.E.2d 625 (Ga. Ct. App. 2008)
  2. Coker v. Deep South Surplus of Georgia, Inc.574 S.E.2d 815 (Ga. Ct. App. 2002)
  3. Drury v. VPS Case Management Services, Inc.408 S.E.2d 809 (Ga. Ct. App. 1991)
  4. No. 84-1909777 F.2d 1325 (8th Cir. 1986)
  5. Kifer v. Liberty Mutual Insurance777 F.2d 1325 (8th Cir. 1985)
  6. Wells v. Firestone Tire & Rubber Co.364 N.W.2d 670 (Mich. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Southern Wire & Iron, Inc. v. Fowler, 124 S.E.2d 738 (Ga. 1962) 37

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list