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REED v. CAROLINA CAS. INS. CO.

No. A13A2270.

762 S.E.2d 90 (2014)

327 Ga. App. 130

REED, et al. v. CAROLINA CASUALTY INSURANCE COMPANY, et al.

Court of Appeals of Georgia.

Reconsideration Denied April 11, 2014.

Attorney(s) appearing for the Case

Thomas F. Cuffie , Harold W. Spence , Henrietta G. Brown , Atlanta, for Appellants.

Carlock, Copeland & Stair, D. Gary Lovell, Jr. , Erica L. Holzman , Atlanta, for Appellees.

BRANCH, Judge.

Georgia law provides that a tort plaintiff "shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed." OCGA § 51-12-33(g). In this wrongful death action, the trial court granted summary judgment in favor of the defendants on the ground that the undisputed facts show the plaintiff's decedent was at least 50 percent responsible for his own death. The plaintiff contends the trial...

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