Supreme Court of Georgia
Milliken & Company v. Georgia Power Company.
June 3, 2019829 S.E.2d 111
Summary
The Supreme Court of Georgia held that the Court of Appeals erred in applying OCGA §13-8-2(b) to deem Paragraph 12 of the 1989 easement void as against public policy. The provision only indemnifies Milliken for damages resulting from Georgia Power’s construction, operation, or maintenance and therefore does not cover Milliken’s sole negligence, so it is not prohibited by the statute. The Court vacated the appellate judgment and remanded for further consideration of the trial court’s rationale and any other properly raised arguments.