On August 10, 2021, the Supreme Court of Georgia issued a landmark ruling in favor of our client concerning the “Apportionment Statute” (O.C.G.A. § 51-12-33). As a result of the ruling, damages awarded to plaintiffs in tort lawsuits brought against a single defendant are not reduced for the fault of non-parties. The ruling, which addressed an issue of first impression in Georgia, has profound implications for plaintiffs in all types of tort lawsuits regardless of the subject matter. The Supreme Court’s ruling followed a two-and-a-half week trial in 2017 where a jury awarded over $2 million to our client. Harmon Caldwell and Jeremy Moeser tried the case and briefed the issues on appeal along with Harry MacDougald. Mr. MacDougald argued the Apportionment Statute issue before the Court of Appeals and the Supreme Court, and Mr. Moeser argued other issues before the Court of Appeals that the Supreme Court did not address. The ruling can be found at Alston & Bird LLP v. Hatcher Management Holdings, LLC, Supreme Court of Georgia, Case No. S20G1419 (Aug. 10, 2021):
https://www.gasupreme.us/wp-content/uploads/2021/08/s20g1419.pdf