POGUE v. OGLETHORPE POWER CORP.

No. 95-8084.

82 F.3d 1012 (1996)

David Keith POGUE; Denise Pogue, Plaintiffs-Appellants, v. OGLETHORPE POWER CORP.; Rome Employment Services, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 9, 1996.


Attorney(s) appearing for the Case

John S. Husser, Mundy & Gammage, PC, Cedartown, GA, Hardy Gregory, Jr., Davis, Gregory, Christy & Forehand, Cordele, GA, for Appellants.

S. Lester Tate, III, Cartersville, GA, for Appellees.

Before KRAVITCH and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.


CARNES, Circuit Judge:

David and Denise Pogue brought this negligence action against Oglethorpe Power Corporation ("Oglethorpe") and Rome Employment Services, Inc. ("RES") after David Pogue was seriously injured while working on a construction site. The district court granted summary judgment in favor of the defendants, and the Pogues appeal.

This diversity case presents the question of whether a Georgia "premise owner" is entitled to the statutory tort immunity...

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