SMITH et al.
CAMARENA et al.
MCFADDEN, C. J., MCMILLIAN, P. J., and SENIOR APPELLATE JUDGE
McFadden, Chief Judge.
Zavaleta-Ramirez was shot and killed in the parking lot
outside a grocery store where she was employed. This appeal
concerns tort claims asserted by her mother and by the
administrator of her estate against the store and several
persons who owned or managed it. Those defendants moved for
summary judgment on the sole ground that the tort claims
concerned an injury that was compensable under the
Workers' Compensation Act ("the Act") and so
were barred by the Act's exclusive remedy provision. The
trial court granted summary judgment on that ground, and the
plaintiffs appealed. We find that a genuine issue of material
fact exists as to whether Zavaleta-Ramirez's death was a
compensable injury under the Act. So we reverse.
appeal from an order granting or denying summary judgment, we
conduct a de novo review, construing the evidence and all
reasonable conclusions and inferences drawn therefrom in the
light most favorable to the nonmovant." State Farm
Automobile Mut. Ins. Co. v. Todd, 309 Ga.App. 213,
213-214 (1) (709 S.E.2d 565) (2011) (citation and punctuation
viewed, the record shows that on the evening of February 7,
2015, as the grocery store was closing, Zavaleta-Ramirez
clocked out and left the store. She remained in the parking
lot talking with a co-worker, Martha Illan, about matters
unrelated to work. Illan sat in a parked car with her
husband; Zavaleta-Ramirez was standing in the parking lot.
parking lot was owned and controlled by the store's
landlord. It was open to the public, and served several
businesses in the same shopping center.
women were talking, another car approached. Two men got out.
One of them, wearing a mask, pointed a gun at
Zavaleta-Ramirez, Illan, and Illan's husband and demanded
their purses and wallet.
defendant Ricardo Maldonado-Peña, an assistant
manager, had locked the store and gotten into a van with his
wife. As she began to drive out of the parking lot, he
spotted the robbery in progress. He told her to stop the van,
got out, and yelled at the robbers to stop.
the robbers turned and fired at Maldonado-Peña,
striking the van. Maldonado-Peña, who was armed,
returned fire. There were more shots, and
Maldonado-Peña took cover behind the open door of the
van. The robbers jumped back into their car and fled.
was shot during the exchange of gunfire.
Evidence that the store did not own, maintain, or control
the parking lot precludes the grant of summary judgment
pursuant to the exclusive remedy provision of the
Workers' Compensation Act.
trial court granted summary judgment to the defendants
against the plaintiffs' tort claims on the ground that
the claims are barred by the exclusive remedy provision of
the Workers' Compensation Act, which pertinently provides
[t]he rights and the remedies granted to an employee by [the
Act] shall exclude and be in place of all other rights and
remedies of such employee, his or her personal
representative, parents, dependents, or next of kin, and all
other civil liabilities whatsoever at common law or