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Crane Composites Inc. v. Wayne Farms LLC

The offer of settlement statute can be applied to a negligence action when the injury occurred prior to the effective date of the statute but the action was filed after that date.

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The question for decision in this case is whether OCGA § 9-11-68, a tort reform, fee-shifting statute, can be applied to a negligence action in which the injury occurred prior to the effective date of the statute, but in which the action was filed after that date. We answer this question affirmatively and, in so doing, we overrule L. P. Gas Industrial Equipment Co. v. Burch, 306 Ga. App. 156 701 SE2d 602 2010.

Wayne Farms owned and operated a chicken processing plant in Oakwood, Georgia. A fire broke out at the plant on May 19, 2003. Roughly three years later, Wayne Farms and its insurers filed suit against Crane Composites, Inc. “Crane”, which manufactured interior panels used in the plant, alleging Crane’s negligence caused the fire to spread extensively. In the meantime, the legislature enacted OCGA § 9-11-68 b 1, which reads, in part:

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