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McBRIDE v. GENERAL MOTORS CORP.

Civ. A. Nos. 89-110-COL, 89-111-COL.

737 F.Supp. 1563 (1990)

Bemon G. McBRIDE, Jr., as surviving spouse of Miriam Williamson McBride, Deceased, and Bemon G. McBride, Jr., as Administrator of the Estate of Miriam Williamson McBride, Deceased, Plaintiffs, v. GENERAL MOTORS CORPORATION, a Delaware Corporation, Defendant. Tamara Sue LEHMAN, and Eric Lehman, as surviving spouse of Shoshana Lehman, Deceased, and Eric Lehman, as Executor of the Last Will and Testament of Shoshana Lehman, Deceased, Plaintiffs, v. GENERAL MOTORS CORPORATION, a Delaware Corporation, Defendant.

United States District Court, M.D. Georgia, Columbus Division.

April 10, 1990.

Attorney(s) appearing for the Case

C. Neal Pope of Pope, Kellogg, McGlamry, Kilpatrick & Morrison, and John W. Denney of Kelly, Denney, Pease & Allison, Columbus, Ga., for plaintiffs in Civ. A. No. 89-110-COL.

James E. Humes, II of Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, Ga., Larry B. Bridgers of King & Spalding, Atlanta, Ga., and Thom Rumberger of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, Orlando, Fla., for defendant.

C. Neal Pope of Pope, Kellogg, McGlamry, Kilpatrick & Morrison, Columbus, Ga., and Robert T. Goldenberg of Goldenberg, Goldenberg & Stealey, Parkersburg, W.Va., for plaintiffs in Civ. A. No. 89-111-COL.

Eddie Snelling, Jr., Asst. Atty. Gen., for the State of Georgia.

OPINION AND DECLARATORY JUDGMENT

ELLIOTT, District Judge.

For decision, in this case of first impression, is the constitutionality of certain sections of the Georgia Tort Reform Act of 1987 (Tort Reform Act, or Act), and in particular O.C.G.A. §§ 51-12-5.1(e)(1) and 51-12-5.1(e)(2), as enacted in Section 5 of said Act, effective July 1, 1987.1

By verified complaints in the above actions the Plaintiffs seek recovery...

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