June 12, 2026. The Georgia Court of Appeals upheld a trial court ruling in the case Thigpen et al. v. Prickett et al., in which Partner Jay Eidex secured a June 2025 dismissal for his client. The case involved the Workers’ Compensation Exclusive Remedy Provisions of The Georgia Workers’ Compensation Act. The original claim arose out of a workplace injury when the Plaintiff/Decedent was operating a piece of heavy machinery which rolled over, tragically resulting in his death. In prior proceedings, the Court had determined the decedent was acting within the Course and Scope of his employment at the time of the accident. Plaintiff sought to invoke the affirmative act exception to the tort immunity provided to employers under The Georgia Workers’ Compensation Act.
There were several Defendants named in the case and Mr. Eidex’s client was a supervisor at the job site.
The trial court found no evidence that Mr. Eidex’s client committed a direct affirmative act that would nullify the protection of the exclusive remedy afforded him by The Georgia Workers’ Compensation Act and granted Mr. Eidex motion to dismiss.
Brian and Patricia Thigpen, parents of the deceased, argued on appeal that the trial court erred: (1) by determining as a matter of law that Mr. Eidex’ client did not commit an affirmative act that would authorize these tort claims outside of the scope of the WCA; and (2) by improperly weighing the credibility of witnesses and considering Brian’s relative negligence as factors in its determination.
Upon review, the appellate court affirmed the trial court’s ruling.
The appellate ruling was reported by Law360.com in a June 12, 2026, article titled “Ga. Court Won’t Reinstate Suit Over Teen Worker’s Death,” written by Kelcey Caulder.
The appellate case is Thigpen et al. v. Prickett et al., case number A26A0276, in the Georgia Court of Appeals.
The original case is Brian Thigpen, et. al. v. Vulcan Construction Materials, LLC, et. al., Superior Court of Jackson County, CAFN 23CV0420. Click on the link to read our June 2025 case summary.
Click on the link to read more about Partner Jay Eidex.
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