HOMEBUILDERS ASSOCIATION OF GEORGIA v. MORRIS

No. A99A0184.

518 S.E.2d 194 (1999)

238 Ga. App. 194

HOMEBUILDERS ASSOCIATION OF GEORGIA v. MORRIS.

Court of Appeals of Georgia.

May 21, 1999.


Attorney(s) appearing for the Case

Whiteman, Smith & Hamilton, Charles C. Hamilton, Atlanta, for appellant.

Douglas E. Smith, Gainesville, for appellee.


JOHNSON, Chief Judge.

This is a workers' compensation case of first impression involving the application of OCGA § 34-9-11.1(b), which provides that an employer's insurer shall have a subrogation lien against an injured employee's right of action against a person other than the employer. The issue presented by this case is whether evidence of the employee's comparative/contributory negligence or assumption of the risk is relevant in determining an insurer's recovery...

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