Posted by H. Lee Pruett
Since our January 26, 2009 post discussing a case this firm is defending in the State Court of DeKalb County and Judge Janis Gordon’s Order which denied the Plaintiff’s Motion to Strike Defendant’s Notice of Fault of Non-Party pursuant to O.C.G.A. § 51-12-33, at least two other Georgia trial courts have issued rulings somewhat at odds with Judge Gordon’s Order. To date, no appellate court has rendered a decision on any of the numerous issues being raised concerning the meaning and scope of this statute. The two trial court orders discussed below only emphasize the confusion litigants face in attempting to apply the statute to any given case.