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Accor N. Am. Inc. v. Todd

The trial court erred in finding that the apportionment statute, OCGA § 51-12-33, did not apply in the plaintiffs' premises liability action arising from their son's murder while staying at a motel.

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Accor North America, Motel 6, Carolyn Pugh, and Lyndon Johnson collectively “Accor” appeal from the trial court’s order granting Jeffrey Todd’s and Teresa Trapp’s motion for partial summary judgment. Todd and Trapp collectively “Todd” filed this premises liability action after their son Jeffrey Todd was shot while staying at a Motel 6 in Albany, Georgia. Accor filed a “Notice of Fault of Non-Parties Pursuant to OCGA § 51-12-33″ in which it identified three people responsible for the shooting death of Todd: Lyndon Johnson, Jimmy Teemer, and Patrick Jackson. Accor stated that it intended to present evidence of fault of the non-parties, with the degree of fault to be assessed by the factfinder.

Todd filed a motion for partial summary judgment, contending that Accor’s Notice of Fault of Non-Parties was not applicable and seeking to have OCGA § 51-12-33 held unconstitutional. The trial court granted the motion. For the reasons set forth in Couch v. Red Roof Inns, 291 Ga. 359 729 SE2d 378 2012, we reverse.

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