Appellant appeals the trial court’s grant of summary judgment to appellee.
At the time of the automobile collision giving rise to this action, appellant and appellee were both employees of the same motel. Appellee finished her work shift, got in her car which was parked in the employer’s parking lot a few feet from the side door to the building in which she worked, backed her car out of the parking space and collided with appellant’s vehicle. Appellant, still working on her shift, had parked her car behind appellee’s car and was preparing to deliver some items inside the motel. Appellant filed a workers’ compensation claim and received benefits from the employer. In her motion for summary judgment, appellee contended that appellant was precluded by OCGA § 34-9-11 from further recovery from a fellow employee.
OCGA § 34-9-11 provides an exclusive remedy for claims as between employees of the same employer “when an injury arises out of and in the course of employment.”
Labelle v. Lister,
The affidavit, deposition, pleadings and responses of appellee state that appellee and appellant worked for the same employer, and although appellee was finished with her daily work shift, she was in a parking lot on her employer’s premises and the accident occurred within a reasonable time for appellee’s egress from her workplace. Appellant’s affidavit and deposition did not sufficiently rebut the appellee’s evidence. See
Evans v. Richardson,
Judgment affirmed.