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A Lawlio case page: Double View Ventures, LLC v. Polite (326 Ga. App. 555), marked overruled in part and binding in part, with a standing panel naming the overruling decision, Martin v. Six Flags Over Georgia II, L.P. (2017).

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1The question

Can a jury apportion fault to someone who was never named as a party?

2A case that answers it

Double View Ventures, LLC v. PoliteCourt of Appeals of Georgia · March 26, 2014 · 326 Ga. App. 555

Holding: the fault of a nonparty may be considered for apportionment regardless of whether the nonparty was or could have been named as a party.

3The passage behind it

“In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.”

326 Ga. App. at 558, quoting O.C.G.A. § 51-12-33 (c), which links to the section and its versions

4What happened since

Overruled in partBinding in part

Overruled in part by Martin v. Six Flags Over Georgia II, L.P., 301 Ga. 323 (2017). Binding in part, the rest physical precedent, under Ga. Ct. App. R. 33.2.

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Lawlio search results for apportionment of fault to a nonparty: the cases most cited by the results (Couch v. Red Roof Inns, Zaldivar v. Prickett, Alston & Bird v. Hatcher Management Holdings), then each case with its court, year, citation and the facts or holding that match.

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The standing panel of Double View Ventures, LLC v. Polite: overruled in part by Martin v. Six Flags Over Georgia II, L.P. (2017), and binding in part under Ga. Ct. App. R. 33.2.

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Apportionment to a nonpartyPrivate · 2 sources

QuestionCan a jury apportion fault to someone who was never named as a party?

Double View Ventures, LLC v. Polite, 326 Ga. App. 555, 558 (2014)

“In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.”

Later treatment: overruled in part by Martin v. Six Flags Over Georgia II, L.P., 301 Ga. 323 (2017)

O.C.G.A. § 51-12-33 (c)

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