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CAVALIER CONVENIENCE, INC. v. SARVIS

Nos. A10A0538, A10A0539.

699 S.E.2d 104 (2010)

CAVALIER CONVENIENCE, INC. v. SARVIS et al. Ken's Supermarkets, Inc. v. Sarvis et al.

Court of Appeals of Georgia.

July 9, 2010.

Attorney(s) appearing for the Case

Barrow & Ballew, Walter W. Ballew III , Travis D. Windsor , Savannah, for appellant (case no. A10A0538.)

Callaway, Braun, Riddle & Hughes, Edward M. Hughes , Savannah, for appellant (case no. A10A0539).

Jones & Smith, Bobby T. Jones , Julian B. Smith, Jr. , Metter, for appellees.

Matthew Nasrallah , Marietta, John D. Hadden , Andrew T. Rogers , Decatur, William V. Custer , Eric P. Schroeder , Atlanta, amici curiae.

PHIPPS, Presiding Judge.

The issue presented in these appeals is whether, under recently amended OCGA § 51-12-33, a trier of fact is required to apportion its award of damages among multiple liable defendants when the plaintiff bears no fault. The trial court concluded that the statute does not require apportionment in such a case. The trial court erred. We reverse.

In 2006, there was a collision of vehicles driven by Christopher Sarvis and 17-year-old...

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