DOWNEY v. BEXLEY

40528.

253 Ga. 125 (1984)

317 S.E.2d 523

DOWNEY v. BEXLEY et al.

Supreme Court of Georgia.

Decided July 2, 1984.


Attorney(s) appearing for the Case

Long, Weinberg, Ansley & Wheeler, Sidney F. Wheeler, Henry D. Green, Jr., for appellant.

Jack F. Witcher, James I. Parker, Michael C. Walls, David H. Tisinger, Jack J. Dalton, for appellees.

Don C. Keenan, Douglas A. Bennett, James T. McDonald, Jr., amici curiae.


SMITH, Justice.

We granted certiorari in this workers' compensation case to decide whether appellees' third-party tort action against appellant Downey, a company physician, is barred by the exclusive remedy provision of our compensation act, OCGA § 34-9-11. The trial court ruled that Dr. Downey was immune from tort liability as a co-employee of appellees and granted summary judgment in Downey's favor. The Court of Appeals reversed and we granted certiorari. We...

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