288 Ga. 85
Ga.2010Background
- Glass Systems, Inc. was a subcontractor on a condominium project where two of its workers were injured by a high-voltage line owned by Georgia Power.
- Neither Glass Systems nor its employees notified Georgia Power of work near the lines as required by HVSA OCGA § 46-3-33 before work commenced.
- Georgia Power sought indemnity under OCGA § 46-3-40(b) for costs and attorney’s fees defending the employees’ claims.
- The trial court granted partial summary judgment upholding the constitutionality of § 46-3-40(b); Glass Systems appealed.
- The Georgia Court of Appeals had previously held in Dalton v. 933 Peachtree, L.P. that failure to provide notice forecloses liability of the power company; this prompted the instant indemnity action.
- The HVSA’s purpose is to prevent injuries by requiring notice and protective measures for work near high-voltage lines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is OCGA § 46-3-40(b) constitutional under due process. | Glass Systems argues § 46-3-40(b) violates due process. | Georgia Power contends the statute has a rational relation to legitimate safety objectives. | Yes; § 46-3-40(b) is constitutional under substantive due process. |
| Does § 46-3-40(b) violate equal protection by treating Glass Systems differently from non-injured-employer contexts. | Glass Systems asserts unequal protection due to high-voltage injury exposure not shared by others. | Georgia Power maintains the statute targets legitimate safety goals and employees’ injuries are not comparably situated. | No equal-protection violation; Glass Systems not similarly situated to non-injured-employer groups. |
Key Cases Cited
- Dalton v. 933 Peachtree, L.P., 291 Ga.App. 123 (Ga. Ct. App. 2008) (HVSA notice failure negates liability for power-line owner)
- Jackson Electric Membership Corp. v. Smith, 276 Ga. 208 (Ga. 2003) (power line owner not liable without prior notice)
- Old South Duck Tours v. Mayor, etc., of Savannah, 272 Ga. 869 (2000) (presumption of constitutionality; rational basis review applies without suspect class)
- State of Ga. v. Old South Amusements, Inc., 275 Ga. 274 (2002) (rational relationship to legitimate legislative purpose)
- Love v. State, 271 Ga. 398 (1999) (rational basis for substantive due process/equal protection analyses)
- City of Atlanta v. Watson, 267 Ga. 185 (1996) (legitimate public-safety objectives)
- Chancellor v. Dozier, 283 Ga. 259 (2008) (procedural due process includes a meaningful hearing)
- Flint Electric Membership Corp. v. Ed Smith Constr. Co., 270 Ga. 464 (1999) (worker’s compensation not a bar to HVSA indemnity action)