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Georgia Court of Appeals, 1998

Potts v. UAP-GA AG CHEM, Inc.

Potts v. UAP-GA AG CHEM, Inc.
Georgia Court of Appeals · Decided December 17, 1998 · Andrews, Banke, Beasley, Eldridge, McMurray, Ruffin, Smith
236 Ga. App. 21; 510 S.E.2d 841; 99 Fulton County D. Rep. 297; 1998 Ga. App. LEXIS 1613

Potts v. UAP-GA AG CHEM, Inc.

Opinion of the Court

Andrews, Chief Judge.

The Supreme Court in Potts v. UAP-GA AG CHEM, 270 Ga. 14 (506 SE2d 101) (1998) reversed our affirmance of the superior court’s grant of summary judgment to the employer in this wrongful death and survival action, finding the employee was not engaged in work activity so that the exclusive remedy provision of OCGA § 34-9-11 did not apply. Therefore, our judgment in Potts v. UAP-GA AG CHEM, 227 Ga. App. 841 (490 SE2d 432) (1997), is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed.

McMurray, P. J., Beasley, Smith, Ruffin, Eldridge, JJ., and Senior Appellate Judge Harold R. Banke1 concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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