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Lackey V. Mcdowell: The Effect Of Releases On Non-Parties Under Georgia Law, Roland F. Hall

Mercer Law Review

In Lackey v. McDowell, the Supreme Court of Georgia modified *its previous decisions on the effect of a release on non-parties to the release. In reversing the court of appeals, the court held that "only those parties named in the release will be discharged by that instrument." Previous decisions required that parties to a release had to intend to discharge the non-party seeking coverage under the release.

For plaintiffs attempting to release only one of several tortfeasors, the effect of releases on non-parties is a critical issue, especially since standard release forms commonly contain language purporting to discharge all …