In a unanimous opinion containing language helpful for both plaintiffs and defendants, the Georgia Supreme Court on Monday gave much-needed guidance on application of the 2005 statute allowing juries to apportion damages among defendants and parties that have not been sued.
The ruling was a win for a defendant driver in an auto accident case. The driver wanted the jury to be able to hold the plaintiff’s employer responsible for damages, claiming that the employer shouldn’t have allowed the plaintiff to drive a company vehicle in light of complaints about his driving. The Court of Appeals had rejected the defendant’s tactic, citing case law that would appear to preclude the plaintiff from suing his employer for his injuries.
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