Law Commons^™

Torts: Hear Me Roar, Pamela Wilkins

Mercer Law Review

The Supreme Court of Georgia decided only a handful of tort and tort-adjacent cases in 2022–2023. But don’t mistake the small number for small impact. Quite the opposite. The 2022–2023 term included at least two tort-adjacent blockbusters in General Motors, LLC v. Buchanan and Taylor v. Devereux Foundation, Inc. It also included a significant products liability case, Domingue v. Ford Motor Co.; two cases exploring the significance of non-disclosure in fraud cases; and several cases clarifying the scope of earlier precedents. Buchanan, Taylor, and Domingue all included amicus briefs—a lot of amicus briefs—a sure signal of …

A Run For Your Money: The Supreme Court Of Georgia In Taylor V. Devereux Foundation, Inc. Upholds The Constitutionality Of The Statutory Cap On Punitive Damages, Rachel N. Ratajczak

Mercer Law Review

The sky is the limit! This idiom rings true, except for plaintiffs in many states who dream of million-dollar punitive damage awards. Many states have statutorily capped punitive damage awards, despite their role as “quasi-criminal . . . private fines” to punish defendants for their wrong-doing, and to deter future similar conduct by others. Challenges to statutory caps have plagued both federal and state courts for decades.

In 2023, the Supreme Court of Georgia in Taylor v. Devereux Foundation, Inc. addressed whether O.C.G.A. § 51-12-5.1(g), Georgia’s statutory cap on punitive damages, violates the right to trial by jury, separation …

I Am Not My Brother’S Keeper: A Brief History Of Georgia’S Apportionment Statute And The Future Of Tort Reform, Jordan S. Lipp

Mercer Law Review

Imagine approaching a stop sign in Hamilton, Georgia and illegally rolling through it. After you make your rolling stop and pull out into the road, a driver T-bones your car, and your gas tank erupts into flames. Can you recover anything for your injuries, and if so, from whom?

The answer could turn on the jurisdiction in which you live and, in Georgia, the number of people you name as parties to the lawsuit. Can you sue the car manufacturer, even though the driver probably sparked the fire? Can you recover damages, even though you could have avoided the accident …

Buckle Up! The Supreme Court Of Georgia Provides Clarity To The State’S Seatbelt Statute In Domingue V. Ford Motor Company, Olivia Durkin

Mercer Law Review

Imagine a loved one being in a severe accident where the seatbelt did not work in the way it was intended. As a result, you decide to hold the car manufacturer accountable, alleging negligence in the seatbelt design. During the discovery process, the car manufacturer attempts to shield themselves from liability by either producing evidence or alluding to the fact your loved one was not wearing their seatbelt at the time of the accident. Such evidence would be harmful to your case; what can you do?

You are in luck. Georgia has a statute with a provision that the failure …

Georgians “Waive” Goodbye To The Prospect Of Full Compensation In Car Wrecks Caused By Municipalities: Automatic Governmental Immunity Waiver’S Interplay With Liability Insurance, W. Jackson Latty

Mercer Law Review

Arguably two of the most axiomatic interests the Georgia legislature must consider when enacting laws are the interests of local governments to carry out public works and individual citizens’ abilities to seek full and adequate relief when they have been injured by the wrong of another. For example, although police officers generally enjoy immunity for acts performed in their official capacity, there is also a compelling government interest in allowing individuals to recover for a police officer’s negligent or reckless conduct, recoveries which often repay local hospitals or government insurance systems for treatment otherwise covered by taxpayer dollars. These two …