Phf II Buckhead LLC v. Dinku
315 Ga. App. 76
| Ga. Ct. App. | 2012Background
- Dinku was injured December 25, 2007 when he fell from a skywalk connecting the Sheraton Buckhead Hotel to the parking deck.
- Dinku, employed by LAZ Parking Georgia, sued Hazlett and PHF II Buckhead LLC for injuries from the incident.
- PHF failed to timely respond; the trial court entered a default judgment as to liability on August 28, 2008, followed by a damages bench trial on December 29–30, 2008.
- The court awarded Dinku $3,006,708.50 in damages, with the term of court ending January 5, 2009.
- PHF moved to set aside the default and to open the default on January 23, 2009 and separately moved for a new trial on January 29, 2009.
- The trial court denied both motions in an April 12, 2011 order; PHF appealed and the direct appeal was docketed June 18, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction vs. statutory employer | PHF argues Dinku’s claim was barred as a worker’s comp matter because PHF was a statutory employer. | PHF contends the trial court lacked jurisdiction to hear a tort action. | No lack of jurisdiction; PHF not proven to be Dinku's statutory employer based on the complaint. |
| New trial without an oral hearing | PHF sought a new trial reexamining evidentiary and damages issues. | Trial court properly denied the motion as improper without a hearing. | Trial court erred in denying the motion for new trial without an oral hearing; remanded for a hearing. |
Key Cases Cited
- Warden v. Hoar Constr. Co., 269 Ga. 715 (1998) (statutory-employer analysis for workers' compensation immunity)
- Yoho v. Ringier of Am., Inc., 263 Ga. 338 (1993) (owner not statutory-employer when contract performance obligation is with another)
- Kuriatnyk v. Kuriatnyk, 286 Ga. 589 (2010) (necessity of a hearing under Rule 6.3; res judicata on discretionary appeal denial)
- Franklin v. Northwest Social & Civic Club, Inc., 276 Ga. 859 (2003) (standard for discretionary appeal denials as review on the merits)
- Hook v. Bergen, 286 Ga.App. 258 (2007) (denial of discretionary appeal constitutes adjudication on merits)