Sturgess v

OA Logistics Servs., 336 Ga. App. 134, 784 S.E.2d 432 (2016). Immunity of employees of joint venture. — When the owner of a crane and another construction company engaged in a joint venture on a project and both the plaintiff and the operator of a crane which injured the plaintiff were employees of the joint venture, the employee, the crane owner, and the joint venture would be entitled to tort immunity, pursuant to O.C.G.A. § 34-9-11, irrespective of which party served as the general contractor on the project. Burgett v. Thamer Constr., Inc., 165 Ga. App. 404, 300 S.E.2d 211 (1983). Factual issues existed precluding summary judgment. — Trial court properly denied summary judgment to an employer in a wrongful death action because questions of fact existed as to whether the deceased employee had left work for the day or was merely on a break and whether workers’ compensation was applicable following the employee being shot and killed at a convenience store associated with the employer. Dixie Roadbuilders, Inc. v. Sallet, 318 Ga. App. 228, 733 S.E.2d 511 (2012). Company as employer and contractor immune. — Regardless of the fact that the decedent’s employer was an independent contractor and the decedent’s death occurred in the performance of an independent contract, the evidence established that the defendant was both a principal contractor and the decedent’s statutory employer under O.C.G.A. § 34-9-8. Thus, the defendant was entitled to tort immunity pursuant to O.C.G.A. 34-9-11 § 34-9-11. International Leadburning Co.