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Lawskills.com Georgia Caselaw
KNIGHT v. SHELBY MUTUAL INSURANCE COMPANY.
40792.
PANNELL, Judge.
Complaint. Thomas Superior Court. Before Judge Lilly.
Co., 39 Ga. App. 319, 323 (147 SE 144); Travelers Ins. Co. v. Luckey, 46 Ga. App. 593 (167 SE 907); Travelers Ins. Co. v. Georgia Power Co., 51 Ga. App. 579 (1c) (181 SE 111); Williams Bros. Lumber Co. v. Meisel, 85 Ga. App. 72, 74 (68 SE2d 384).
2. While in cases of automobile collisions between two parties, both of whom suffer damage, and one of the parties, upon payment of a monetary consideration secures a release from the other, the release constitutes a settlement of the claims of both parties against each other, Cochran v. Bell, 102 Ga. App. 617 (1) (117 SE2d 645), such rule has no application to the present case, and the settlement entered into by the employer and insurer on the one hand and the employee on the other as to the claim of the employee for workmen's compensation, does not constitute the settlement of any claim of the employer and insurer against the employee arising under the section of the Workmen's Compensation Act referred to in Headnote 1.
3. Upon application of the above rulings to the assignments of error in the present case, the trial court did not err in any of the rulings on demurrer and in granting a summary judgment against the employee.
Perry, Walters & Langstaff, S. B. Lippitt, Jr., contra.
A. J. Whitehurst, for plaintiff in error.
DECIDED JULY 16, 1964 -- REHEARING DENIED JULY 28, 1964.
Friday May 22 21:44 EDT


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