Supreme Court Issues Major Comp Subrogation Apportionment Decision

Just when you thought workers’ compensation subrogation in this country’s most difficult state could not get any more difficult, it does. In Zaldivar v. Prickett, 774 S.E.2d 688 (Ga. 2015), Prickett sued Zaldivar for injuries resulting from a 2009 work-related auto accident. The defendant blamed Prickett’s employer, Overhead Door Co., which was not a party to the lawsuit, for negligently entrusting the vehicle to Prickett, and argued the employer should bear some of the responsibility for the accident, despite being protected from suit by the Georgia exclusive remedy rule. G...