05 LC 14
8996
House
Bill 231
By:
Representatives Rice of the
51st,
Keen of the
179th,
Stephenson of the
92nd,
Fleming of the
117th,
Channell of the
116th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so
as to change provisions relating to award and apportionment of damages against
joint tort-feasors; to provide for apportionment of liability according to
degree of responsibility; to deny recovery to certain plaintiffs responsible for
the injury or damages claimed; to eliminate provisions relating to right of
contribution; to eliminate provisions relating to former apportionment of
damages under certain circumstances; to provide for related matters; to provide
for an effective date and applicability; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
51 of the Official Code of Georgia Annotated, relating to torts, is amended by
striking Article 2 of Chapter 12, relating to damages against joint
tort-feasors, and inserting in its place a new Article 2 to read as
follows:
"ARTICLE
2
51-12-30.
In
all cases, a person who maliciously procures an injury to be done to another,
whether an actionable wrong or a breach of contract, is a joint wrongdoer and
may be subject to an action either alone or jointly with the person who actually
committed the injury.
51-12-31.
Except
as provided in Code Section 51-12-33, where an action is brought jointly against
several trespassers, the plaintiff may recover damages for the greatest injury
done by any of the defendants against all of them. In its verdict, the jury may
specify the particular damages to be recovered of each defendant. Judgment in
such a case must be entered severally.
(a)
The judge or jury in every tort action, as to each cause of action asserted,
shall determine the percentage of responsibility, stated in whole numbers, for
the following persons with respect to each
persońs
causing or contributing to cause in any way the harm for which recovery of
damages is sought, whether by negligent act or omission, by any defective or
unreasonably dangerous product, by other conduct or activity that violates an
applicable legal standard, or by any combination of these:
(1)
Each plaintiff;
(2)
Each defendant; and
(3)
Each settling person.
(b)
Damages apportioned by the trier of fact as provided in this Code section shall
be the sole liability of each person against whom they are awarded, shall not be
a joint liability among the persons liable, and shall not be subject to any
right of contribution.
(c)
Notwithstanding the provisions of this Code section and any other provisions of
law which might be construed to the contrary, a plaintiff shall not be entitled
to receive any damages if the plaintiff is 50 percent or more responsible for
the injury or damages claimed.
(d)
This Code section shall not affect venue provisions regarding joint
actions.
51-12-32.
(a)
Except as provided in Code Section 51-12-33, where a tortious act does not
involve moral turpitude, contribution among several trespassers may be enforced
just as if an action had been brought against them jointly. Without the
necessity of being charged by action or judgment, the right of a joint
trespasser to contribution from another or others shall continue unabated and
shall not be lost or prejudiced by compromise and settlement of a claim or
claims for injury to person or property or for wrongful death and release
therefrom.
(b)
If judgment is entered jointly against several trespassers and is paid off by
one of them, the others shall be liable to him for contribution.
(c)
Without the necessity of being charged by an action or judgment, the right of
indemnity, express or implied, from another or others shall continue unabated
and shall not be lost or prejudiced by compromise and settlement of a claim or
claims for injury to person or property or for wrongful death and release
therefrom.
51-12-33.
(a)
Where an action is brought against more than one person for injury to person or
property and the plaintiff is himself to some degree responsible for the injury
or damages claimed, the trier of fact, in its determination of the total amount
of damages to be awarded, if any, may apportion its award of damages among the
persons who are liable and whose degree of fault is greater than that of the
injured party according to the degree of fault of each person. Damages, if
apportioned by the trier of fact as provided in this Code section, shall be the
liability of each person against whom they are awarded, shall not be a joint
liability among the persons liable, and shall not be subject to any right of
contribution.
(b)
Subsection (a) of this Code section shall not affect venue provisions regarding
joint actions.
(c)
This Code section shall apply only to causes of action arising on or after July
1,
1987."
SECTION
2.
This
Act shall become effective July 1, 2005, and shall apply with respect to causes
of action arising on or after that date. Prior causes of action shall be
governed by prior law.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.