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GEORGIA DHR v. JOSEPH CAMPBELL CO.

No. S91A1171.

411 S.E.2d 871 (1992)

261 Ga. 822

GEORGIA DEPARTMENT OF HUMAN RESOURCES, et al. v. JOSEPH CAMPBELL COMPANY et al.

Supreme Court of Georgia.

January 17, 1992.

Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., Mary Foil Russell, Asst. Atty. Gen., State Law Dept., and Bruce M. Edenfield, Hicks, Maloof & Campbell, Atlanta, for Georgia Dept. of Human Resources, et al.

Curtis Farrar, Jr., and Bruce B. Edwards, Farrar, Hennesy & Edwards, Douglas, for Joseph Campbell Co. et al.

Elaine W. Whitehurst, Whitehurst & Frick, P.C., Atlanta.

Scott A. Wharton, Booth, Wade & Campbell, Atlanta.

FLETCHER, Justice.

The Georgia Department of Human Resources (DHR) seeks indemnity and contribution from Joseph Campbell Company (Campbell) in this negligence action which a Campbell employee brought against DHR for work-related injuries. DHR argues that the immunity provided employers by OCGA § 34-9-11 of the workers' compensation act should not apply when a passive tortfeasor has a claim for implied indemnity against an employer whose active negligence primarily...

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