By Seth Kirby

In July of 2010 the Georgia Court of Appeals held that Georgia’s Tort Reform Act of 2005 requires juries to apportion damages among responsible parties even if the plaintiff is not partly at fault.  The decision in Cavalier Convenience, Inc. v. Sarvis recognized that the Tort Reform Act changed the prior law that had allowed apportionment of damages only if the plaintiff was partially at fault.  The amended statute and the Court’s recent decision benefits defendants greatly by shifting responsibility for the plaintiff’s injury to others in proportion to their fault.  Despite this benefit, subsequent cases reveal a hidden danger as the right to shift responsibility to other parties may create an obligation to pursue apportionment.   Under these cases, a defendant may lose the right to contribution if apportionment is not pursued in the initial tort action. (more…)