On January 10, 2022, the Georgia General Assembly introduced SB329. This is in direct response to the Alston & Bird, LLP v. Hatcher Mgmt. Holdings, LLC, 2021 Ga. LEXIS 568 *7-9 (Ga. Sup. Ct. August 10, 2021) case, which stated that subsection (b) does not apply against a single defendant and therefore damages may be reduced accounted to nonparty fault only in cases brought against multiple defendants. Or maybe it is in response to Georgia being called a "judicial hellhole" for that case holding: https://www.judicialhellholes.org/hellhole/2021-2022/georgia-supreme-court/
(to be fair the Court was offering a plain reading of the statute, which says what is says).
The summary of the new bill states:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to joint tort-feasors, so as to provide for apportionment of awards of damages among one or more persons in certain actions; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The bill is changed from:
Where an action is brought against more than one person for 13 injury to person or property, the trier of fact, in its determination of the total amount of 14 damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) 15 of this Code section, if any, apportion its award of damages among the person or persons 16 who are liable according to the percentage of fault of each person.
to:
Where an action is brought against one or more persons for
13 injury to person or property, the trier of fact, in its determination of the total amount of 14 damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) 15 of this Code section, if any, apportion its award of damages among the person or persons
16 who are liable according to the percentage of fault of each person.
This amendment will add much needed clarity to the Georgia apportionment statute, which all lawyers should appreciate.