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Glover v. Ware12/9/2005 are's earlier statement to his workers compensation carrier that Glover was not his employee, and based on Ware's unusual relationship with Glover as the payee of his disability check and his guardian, this case presents genuine issues of material fact for a jury to decide. Therefore, the trial court erred in granting summary judgment to Ware.
Because the issue has not been raised by the parties, we do not address whether the doctrine of judicial estoppel applies in this case. See IBF Participating Income Fund v. Dillard-Winecoff, LLC, 275 Ga. 765, 766 (573 SE2d 58) (2002); Smalls v. Walker, 243 Ga. App. 453, 456 (1) (532 SE2d 420) (2000).
Judgment reversed. Ruffin, C. J., and Johnson, P. J., concur.
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