Disability Law

Atlanta Workers' Compensatinon Case Law Update: GA Court of Appeals Addresses Wrongful Death Suit From Fulton County Courthouse Shootings

By Jack E. Clay

On June 26, 2008, the Georgia Court of Appeals decided the case of Freeman v. Brandau et. al, 2008 Ga. App. Lexis 760. This case stemmed from the tragic events that took place at the Fulton County Courthouse in which several people were murdered. Specifically, Julie Ann Brandau was Judge Barnes' court reporter in Fulton County Superior Court. Her estate sued the Fulton County Sheriff Myron Freeman and eight employees of the Sheriff's Department for negligence. Freeman and Fulton County argued that Ms. Brandau, at the time of her death, was a co employee of Fulton County Sheriff Myron Freeman. Thus, a motion to dismiss was filed citing the exclusive remedy provision of Georgia's Worker's Compensation Act.

The primary reason that many attorneys and plaintiffs want to forego the workers' compensation system and, instead, file a civil lawsuit is that the damages in a personal injury or wrongful death claim tend to be substantially higher than settlements in workers' compensation cases. In this appeal, the Court of Appeals held that the Sheriff of Fulton County was not immune from suit as a co-employee of the decedent. Thus, the case was allowed to go forward. This case broadens the rights of plaintiffs suing co-employees in the narrow situation where the co-employee may be an elected official. However, the law cited in this case allows elected officials to be exempt, and therefor immune from lawsuits, if the municipality takes certain action. In this case, key evidence focused on the lack of action by Fulton County that may have likely precluded this lawsuit.

If you or a loved one has been injured while working in Atlanta, Fulton County, or anywhere throughout Georgia, please feel free to contact our office for a free consultation.

Full post as published by Georgia Law Blog on December 01, 2008 (boomark / email).