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Scott v. Rakestraw

Contribution claims are separate and distinct from claims asserted in underlying litigation.

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On September 30, 1998, an automobile driven by J. D. Scott was in a collision with a tow truck driven by Kevin Mahaffey, a wrecker driver working for Hudson Rakestraw, d/b/a/ M&R Wrecker Service. Scott’s mother, Margaret Scott, was a passenger in Scott’s automobile at the time of the collision. Scott filed suit against Rakestraw in the Magistrate Court of Paulding County seeking damages for bodily injuries he allegedly sustained in the collision. Rakestraw filed an answer and a counterclaim seeking to recover for damages to his vehicle. The magistrate court subsequently entered judgment in favor of Scott and against Rakestraw on his counterclaim.

On the same day that Scott filed the magistrate court action, Margaret Scott filed a personal injury action against Rakestraw in the Superior Court of Paulding County. Along with his answer to Margaret Scott’s complaint, Rakestraw filed a third-party complaint against J. D. Scott, asserting a claim for contribution, indemnification and subrogation. Both J. D. Scott and Rakestraw filed motions for summary judgment. The superior court granted Rakestraw’s motion and denied J. D. Scott’s motion. J. D. Scott appeals. We affirm.

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