Supreme Court of GA hands down game-changing ruling on Apportionment of Damages
» Posted November 15, 2021 • Articles, Newsletters
Supreme Court of GA hands down game-changing ruling on Apportionment of Damages. The Hatcher Management decision has important implications for tort defendants, including strategy and approach, whether non-parties should be joined, and the efficacy of filing non-party notices of fault. Download the PDF release here.
On August 10, 2021, the Supreme Court of Georgia handed down a very important decision in Alston & Bird, LLP v. Hatcher Mgmt. Holdings, LLC, No. S20G1419, 862 S.E.2d 295, 2021 WL 3501075. This opinion is a huge game-changer for all tort cases, especially those involving premises liability and negligent security claims. The Court essentially held that: (1) the apportionment statute does not allow reduction of damages in a single-defendant tort case based on the jury's allocation of fault to a nonparty; but (2) award of litigation expenses, due to a tort defendant's bad faith, stubborn litigiousness, or causing unnecessary trouble, IS subject to apportionment unless the nature of such damages is such that apportionment is legally or factually impossible.