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Hall v. Bailey

Evidence that decedent's father had little contact with him for 17 years supported the trial court's award of 95 percent of the decedent's wrongful death settlement proceeds to his mother.

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The trial court apportioned settlement proceeds from the wrongful death of Morocco Hall between the surviving divorced parents of the deceased pursuant to OCGA § 19-7-1 c 6. After hearing evidence from both parties, the court awarded 95 of the proceeds to Morocco’s mother, Angela Bailey, and the remaining 5 to Morocco’s father, Anderson Hall. Mr. Hall appeals claiming that the evidence did not support the trial court’s apportionment, and that § 19-7-1 c 6 should be “overruled” because it grants excessive discretion to the trial court and denies the non-custodial parent an equal right to share in the child’s wrongful death proceeds. We find no error and affirm the judgment of the trial court.

1. Morocco Hall was killed in an automobile accident at the age of 20 while serving in Japan with the United States Navy. He left no surviving spouse or children, so the right to recover damages for his wrongful death was in the surviving parents. OCGA § 19-7-1 c 2 C. This case arose when the surviving mother, Bailey, petitioned the trial court pursuant to OCGA § 19-7-1 c 6 to hold a hearing to determine how to apportion the proceeds between her and the surviving father, Anderson. Section 19-7-1 c 6 provides as follows:

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