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Kevin Sinyard Et Al.v.Georgia Power Company

CourtCourt of Appeals of Georgia
Docket No.A21A1424
DecidedMarch 10, 2022
Reporter316 Ga. App. 696
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawWorkers' CompensationNegligenceSummary JudgmentReversalRemand
Case Summary

Kevin Sinyard worked as a pipefitter at facilities owned by Georgia Power, Ford, and Piedmont Hospital from 1975 through 1989. After he was diagnosed with malignant pleural mesothelioma, he and his wife sued the three companies, alleging asbestos exposure. The trial court granted each defendant summary judgment. The Court of Appeals of Georgia held that the record created factual issues in the Georgia Power and Ford appeals, including whether Sinyard had equal knowledge of the specific asbestos risks and whether the defendants retained enough control to owe him a duty as an invitee. Georgia Power was immune from tort liability for work on specified new plant units because it acted as a statutory employer under the Workers’ Compensation Act. The court affirmed summary judgment for Piedmont because Sinyard’s employing contractor had equal knowledge of the asbestos danger, which discharged the premises owner’s duty to warn. The judgments were affirmed in part and reversed in part, reversed as to Ford, and remanded.

Opinion

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