Kroger v. Taylor
320 Ga. App. 298
Ga. Ct. App.2013Background
- Kroger and Sedgwick appeal a trial court denial of their motion to intervene in Betty Taylor's workers’ compensation tort action.
- They contend their subrogation claim is timely and they are inadequately represented by current parties.
- Taylor filed her tort action within the applicable statute of limitations.
- Kroger and Sedgwick had paid more than $26,000 in workers’ compensation benefits.
- Trial court denied intervention as untimely under OCGA § 34-9-11.1 (c); judgment entered for New Bern on that issue.
- Court reverses, finding intervention by Kroger and Sedgwick proper under OCGA § 34-9-11.1 (c) and OCGA § 9-11-24 (a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness and right to intervene under OCGA 34-9-11.1 (c) | Taylor timely tort claim triggers right to intervene | Intervention was untimely under statute | Intervention granted as of right under 34-9-11.1 (c) |
| Representational adequacy and potential impairment under 9-11-24 (a) (2) | Kroger/Sedgwick’s interest not protected by existing parties | No adequate representation | Trial court abused discretion; intervention allowed to protect interests |
| Relation to broader civil practice act provisions | Subrogation rights supersede other joinder provisions | Civil Practice Act controls; no direct supersession | OCGA 34-9-11.1 (c) controls; right to intervene is unconditional; supersedes others |
Key Cases Cited
- Payne v. Dundee Mills, 235 Ga. App. 514 (Ga. App. 1998) (timeliness and intervention standard; reversal when denial harms intervenor)
- Intl. Maintenance Corp. v. Inland Paper Bd. & Packaging, 256 Ga. App. 752 (Ga. App. 2002) (intervention rights when prerequisites met; discretion limited)
- Newsome v. Dept, of Administrative Svcs., 241 Ga. App. 357 (Ga. App. 1999) (subrogation/time-bar distinctions influencing intervention)
- AC Corp. v. Myree, 221 Ga. App. 513 (Ga. App. 1996) (intervention analysis under 9-11-24; respect for statute-specific provision)
- Stephens v. McGarrity, 290 Ga. App. 755 (Ga. App. 2008) (timely intervention may prevent impairment of interest)