Yoho v. Ringier of America, Inc.

Full title: YOHO v. RINGIER OF AMERICA, INC

Court: Court of Appeals of Georgia

Date published: Oct 19, 1993

438 S.E.2d 196 (Ga. Ct. App. 1993)

438 S.E.2d 196

Opinion

A92A2054.

DECIDED OCTOBER 19, 1993.

Action for damages. Columbia Superior Court. Before Judge Pickett.

Davis, Gregory Christy, Hardy Gregory, Jr., Joseph R. Neal, Michael W. Skeen, for appellant.

Fulcher, Hagler, Reed, Hanks Harper, J. Arthur Davison, Hull, Towill, Norman Barrett, Patrick J. Rice, for appellee.

BLACKBURN, Judge.

The trial court granted summary judgment for the defendant in this tort action, on the grounds that the defendant constituted the statutory employer of the plaintiff. This court affirmed that grant of summary judgment, finding that the case was controlled by Wright v. M. D. Hodges Enterprises, 183 Ga. App. 632 ( 359 S.E.2d 700) (1987). Yoho v. Ringier of America, 207 Ga. App. 233 ( 427 S.E.2d 544) (1993).

However, in Yoho v. Ringier of America, 263 Ga. 338 ( 434 S.E.2d 57) (1993), the Supreme Court overruled Wright v. M. D. Hodges Enterprises, supra, held that the plaintiff was entitled to partial summary judgment on the statutory employer issue, and reversed the judgment of this court. Accordingly, the judgment of the Supreme Court is made the judgment of this court, and the judgment of the trial court is reversed.

Judgment reversed. McMurray, P. J., and Cooper, J., concur.

DECIDED OCTOBER 19, 1993.