A Gift To Tort Defendents From The Ga. Supreme Court
April 18, 2012, 12:42 PM EDT
Law360, New York (April 18, 2012, 12:42 PM EDT) -- On March 23, 2012, the Supreme Court of Georgia rejected one of several challenges to the Tort Reform Act of 2005 (the act). Specifically, in McReynolds v. Krebs, the court rejected the argument that the act does not permit apportionment of damages when the plaintiff is not at fault.
The court also made clear that apportioned damages are not subject to any right of contribution, and that for apportionment to apply against a nonparty, there must be evidence that the nonparty is at fault.