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Feb 1, 2022

SB 329 and HB 961 Introduced in the Georgia General Assembly to Address Court Ruling Barring Apportionment of Damages in Single Defendant Cases

Authored By: Marcia M. Ernst In Alston & Bird, LLP v. Hatcher Management Holdings, LLC, 862 S.E.2d 295 (Ga. 2021), the Georgia Supreme Court limited the apportionment of fault in tort cases. As reported in SGR’s Appellate Blog, the Court ruled that O.C.G.A. § 51-12-33(b) allowed the apportionment of fault among persons who are liable (parties and non-parties) only in a multi-defendant case. In other words, where a case is brought against only a single defendant, no fault can be apportioned to responsible non-parties and the defendant must pay 100 percent of the damages, less any percentage of fault attributed… Read more


Aug 12, 2021

THE GEORGIA SUPREME COURT LIMITS THE APPORTIONMENT OF FAULT IN TORT CASES

An important aspect of Georgia’s Tort Reform Act of 2005 addressed the apportionment of fault among the responsible parties. Georgia law traditionally recognized joint and severally liability among parties liable for a plaintiff’s injuries—any defendant found liable could be required to pay 100 percent of the damages awarded. The Tort Reform Act of 2005 did away with some aspects of joint and several liability. But, how much really changed? In Alston & Bird, LLP v. Hatcher Management Holdings, LLC, Case No. S20G1419 (decided August 10, 2021), the Georgia Supreme Court limited the changes made by the Tort Reform Act. The… Read more