Rickets v. Tri-State Systems

In Rickets v. Tri-State Systems 177 Ga. App. 509 (339 SE2d 732) (1986), the plaintiff's employer, Whittle Sign Company, contracted with Tri-State Systems, Inc., the owner of an outdoor advertising sign furnished under contract with Days Inn, for painting services. While repainting the sign, plaintiff was injured by an electric shock that caused him to fall from the sign platform. He sued Tri-State, which alleged that it was the statutory employer, and, therefore, immune from liability. Plaintiff countered that Tri-State was merely the owner of the sign and not his statutory employer. Id. The Court disagreed, finding that Tri-State did not occupy the status of the mere passive owner of the premises where plaintiff was injured. Tri-State's sign was "under contract" to Days Inn and pursuant to that contract, Tri-State had certain continuing obligations to Days Inn with regard to the sign that it owned. Thus, notwithstanding its ownership of the sign, appellee was, as to Days Inn, a "contractor." "Contractor" is defined as one who contracts to perform certain work, such as the furnishing of goods and service, for another. Since the contract with Whittle was entered into in specific furtherance of appellee's contractual obligation to Days Inn rather than its ownership interest, appellee would be the "principal" contractor as to those services. Tri-State owed the primary obligation to Days Inn and the obligation, in turn, was owed to Tri-State by Whittle. Plaintiff, an employee of Whittle, was injured while performing these obligations. It follows that the instant case does come within the exception recognized in Modlin and in Manning. OCGA 34-9-8 applies to contractors and not owners, unless the owner also serves as a contractor. Id. at 510 (1).