Estate of Mack Pitts v. City of Atlanta, et al, 323 Ga.
App. 70, 746 S.E.2d 698 (2013)
Georgia Casenote, website of the Construction Litigation
Committee of the Litigation Section of the American Bar
Association
When a construction worker is killed or injured on a project,
the remedy typically involves workers' compensation or
liability insurance. So, how could it result in a breach of
contract claim? The answer lies in the facts of a recent
noteworthy Georgia case. Estate of Mack Pitts v. City of
Atlanta, et al, 323 Ga. App. 70, 746 S.E.2d 698 (2013).
The case involved construction of a new international terminal
at the Atlanta airport. A worker was killed when struck by a
vehicle driven by the employee of a sub-subcontractor trucking
company. The worker's estate obtained a wrongful death
judgment against the company and driver, which exceeded the limits
of the company's automobile liability insurance coverage.
