Orkin Exterminating Company v. Dawn Food

Belinda Thomas and her husband brought suit against William Anderson and his employer, Orkin Exterminating Company (Orkin), seeking damages for injuries incurred when Belinda Thomas, while at her place of employment, fell into hot oil which had spilled from a portable doughnut fryer dislodged by Anderson, who was in the process of performing his pest control duties at Thomas' work place. Orkin and Anderson filed a third party complaint against Dawn Food Products t/a Dawn Equipment Manufacturing Company, the manufacturer of the portable doughnut fryer. In Count I of the third-party complaint, Orkin and Anderson alleged Dawn Food was negligent in the design, testing and manufacture of the doughnut fryer. In Count II, it was contended Dawn Food was strictly liable to Anderson for the defective nature of the fryer. The trial court granted summary judgment in favor of Dawn Food as to the third-party complaint and Orkin appeals. 1. In its first enumeration, appellant asserts as error the trial court's ruling in favor of appellee on the issue of strict liability. However, since Anderson, the sole third-party plaintiff alleging the theory of strict liability, is not a party to this appeal, this enumeration is not properly before us. See Smith v. Gwinnett County, 182 Ga. App. 875 (357 S.E.2d 316) (1987); Cooper Motor Lines v. B. C. Truck Lines, 215 Ga. 195 (1) (109 S.E.2d 689) (1959). Further, we note that OCGA § 51-1-11 (b) (1) holds a manufacturer liable only as ""to any natural person"" using the product. See also Mike Bajalia, Inc. v. Amos &c. Co., 142 Ga. App. 225, 227 (235 S.E.2d 664) (1977).