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Georgia Supreme Court

Case Status

Decided

Docket Number

S22C0527

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Case Updates

Georgia Supreme Court holds that juries generally must apportion at least some fault to criminal tortfeasors, but nevertheless affirms zero-fault allocation based on uncontested jury instruction in this case

June 29, 2023

Click here to view the opinion.

U.S. Chamber files coalition amicus brief urging Georgia Supreme Court to hold that juries cannot assign zero fault to an intentional tortfeasor whose criminal acts directly caused the plaintiff’s injuries

December 01, 2022

Click here to view the coalition amicus brief.

Judson H. Turner of Gilbert Harrell Sumerford & Martin, P.C., Val Leppert and Martha Banner Banks of King & Spalding LLP, and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Cert. petition granted

October 04, 2022

The Georgia Supreme Court grants certiorari in a case in which Georgia Court of Appeals held, inter alia, that unknown criminal assailant’s attack on a plaintiff in a store parking lot was foreseeable, and that jury reasonably found that the assailant bore no fault for the plaintiff’s injuries.

U.S. Chamber files amicus brief

January 10, 2022

The U.S. Chamber filed an amicus brief urging the Georgia Supreme Court to grant certiorari in a case in which Georgia Court of Appeals held that Georgia’s apportionment statute, OCGA § 51-12-33, does not allow reduction of damages to account for nonparty fault unless the case proceeds to trial against more than one defendant. The brief argues that the plain text of the statute makes clear that apportionment of damages is available whenever an action is “brought” — not tried — against multiple defendants.

Val Leppert of King & Spalding, LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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