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Kellogg Co. v. Pinkston

The plaintiff's injury claims arising out of her on-the-job exposure to asbestos were barred by the exclusive remedy provisions of Georgia's Workers' Compensation Act.

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On December 20, 1999, appellees/plaintiffs Rosemary and Robert Pinkston filed a complaint in the State Court of Fulton County against appellants/defendants the Kellogg Company, d/b/a Mrs. Smith’s Frozen Foods, a Michigan corporation, and the Eggo Company, d/b/a Mrs. Smith’s Frozen Foods, a Delaware corporation Kellogg-Eggo, seeking damages for injuries Ms. Pinkston allegedly sustained as a result of her exposure to asbestos dust in the workplace coming from asbestos ceiling tiles and derivatively for Mr. Pinkston’s loss of consortium. On or about the same date, the plaintiffs filed a claim for worker’s compensation benefits upon such grounds. On May 3, 2000, the Pinkston’s obtained a default judgment as to liability upon Kellogg-Eggo’s failure to answer their complaint. In September 2000, a magistrate judge sitting as a state court, gave final judgment ex parte to the Pinkstons after a bench trial. The state court magistrate awarded the Pinkstons compensatory and punitive damages totaling $4,400,000.1 This appeal followed the state court magistrate’s denial of Kellogg-Eggo’s motion to set aside default judgment and to open default. Because the state court magistrate erroneously gave final judgment2 to plaintiffs lacking subject matter jurisdiction, we must vacate and remand with direction that the instant action be dismissed. Held:

1. Kellogg-Eggo claims that the state court magistrate erred in denying its motion to set aside judgment and refusing to dismiss the Pinkstons’ damages complaint for lack of subject matter jurisdiction, the complaint as pleading a cause of action exclusively within the Workers’ Compensation Act, OCGA § 34-9-1 et seq. We agree.

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