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Dowis v. Mud Slingers, Inc.

621 S.E.2d 413 (2005)

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Dowis v. Mud Slingers, Inc.

Georgia Supreme Court

621 S.E.2d 413 (2005)

Facts

Johnny Dowis (plaintiff) was hired by a Missouri corporation, Mud Slingers Inc. (defendant) to perform construction work. Dowis was injured at the work site in Georgia. Dowis filed for and received workers’-compensation benefits in Missouri. Later, Dowis filed a tort action in Georgia state court against Mud Slingers, seeking damages. If Missouri law applied, Dowis’s previous collection of workers’-compensation benefits would not preclude his tort action. However, if the court applied Georgia’s workers’-compensation law following the rule of lex loci delicti, Dowis could not both collect workers’-compensation benefits and bring a tort action for damages. Georgia law contained an exclusive-remedy provision. The trial court applied Georgia law and granted summary judgment for Mud Slingers. The court of appeal affirmed. The Georgia Supreme Court granted certiorari to consider whether to retain Georgia’s rule of lex loci delicti.

Rule of Law

Issue

Holding and Reasoning (Hines, J.)

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