Title 51 — Title 51
0 chapters · 147 sections in this title.
O.C.G.A. § 51-12-1 Tyler v
8.5K chars
Roberts, 204 Ga. App. 380, 419 S.E.2d 103, cert. denied, 204 Ga. App. 922, 419 S.E.2d 103 (1992). Subsection (b) not applied retroactively. — Subsection (b) of O.C.G.A. § 51-12-1 works a substantive change in the law governing collateral benefits. 840 There is no express or clear…
O.C.G.A. § 51-12-10 Exception to rule against recovery of remote damages
0.4K chars
When a tort is committed, a contract is broken, or a duty is omitted with knowledge and for the purpose of depriving the plaintiff of certain contemplated benefits, the remote damages occasioned thereby become a proper subject for the consideration of the jury. (Orig. Code 1863, …
O.C.G.A. § 51-12-11 Mitigation of damages required; exception
0.7K chars
When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts. (Civil Code 1895, § 3802; Civil Code 19…
O.C.G.A. § 51-12-12 Jacobsen v
46.6K chars
Haldi, 210 Ga. App. 817, 437 S.E.2d 819 (1993). Trial court did not err in the court’s calculation of damages because the trial court, acting as finder of fact, issued an award well within the range of evidence and testimony presented at trial; that the amount the trial court awa…
O.C.G.A. § 51-12-2 General and special damages distinguished; when recovered
0.4K chars
(a) General damages are those which the law presumes to flow from any tortious act; they may be recovered without proof of any amount. (b) Special damages are those which actually flow from a tortious act; they must be proved in order to be recovered. (Orig. Code 1863, § 3002; Co…
O.C.G.A. § 51-12-3 Direct and consequential damages distinguished
0.4K chars
(a) Direct damages are those which follow immediately upon the doing of a tortious act. (b) Consequential damages are those which are the necessary and connected effect of a tortious act, even though they are to some extent dependent upon other circumstances. (Orig. Code 1863, § …
O.C.G.A. § 51-12-30 Asgharneya v
2.8K chars
Hadavi, 298 Ga. App. 693, 680 S.E.2d 866 (2009), overruled on other grounds, Jordan v. Moses, 291 Ga. 39, 727 S.E.2d 460 (2012). Mere fact that conspiracy has been alleged does not require submission of question to jury. McCulley v. Dunson, 149 Ga. App. 551, 254 S.E.2d 877 (1979)…
O.C.G.A. § 51-12-31 Recovery against joint trespassers
2.3K chars
Except as provided in Code Section 51-12-33, where an action is brought jointly against several persons, the plaintiff may recover 984 51-12-31 damages for an injury caused by any of the defendants against only the defendant or defendants liable for the injury. In its verdict, th…
O.C.G.A. § 51-12-32 Law reviews
0.1K chars
— For note, ‘‘Contribution Among Joint Tortfeasors,’’ see 12 Ga. L. Rev. 553 (1978).
O.C.G.A. § 51-12-33 Woods v
5.5K chars
Allied Van Lines, 1005 Inc., 316 Ga. App. 548, 730 S.E.2d 35 (2012). To the extent that the driver could prove that the truck driver’s employer breached a legal duty in tort that it owed the truck driver, the breach of which is a proximate cause of the injury that the truck drive…
O.C.G.A. § 51-12-5 Additional damages for aggravating circumstances
0.5K chars
(a) In a tort action in which there are aggravating circumstances, in either the act or the intention, the jury may give additional damages to deter the wrongdoer from repeating the trespass or as compensation for the wounded feelings of the plaintiff. (b) This Code section shall…
O.C.G.A. § 51-12-5.1 COMCAST Corp
48.3K chars
v. Warren, 286 Ga. App. 835, 650 S.E.2d 307 (2007), cert. denied, 2008 Ga. LEXIS 82 (Ga. 2008). 906 51-12-5.1 DAMAGES Uninsured motorist insurer not liable for punitive damages. — In an action against a tortfeasor’s estate defended by the tortfeasor’s uninsured motorist insurer, …
O.C.G.A. § 51-12-50 Measure of damages for converted timber; presumption
1.0K chars
(a) Except as provided in Code Section 51-12-51, when a plaintiff recovers for timber cut or cut and carried away, the measure of damages shall be: (1) Treble the fair market value of the trees cut as they stood; (2) Treble the diminished fair market value of any trees incidental…
O.C.G.A. § 51-12-6 Orkin Exterminating Co
10.6K chars
v. Bowen, 172 Ga. App. 880, 324 S.E.2d 752 (1984). Error to charge on mental damages in case involving illegal seizure of car. — In an action for damages on account of illegal seizure of an automobile under a claim of right, it was error for the court to give in charge to the jur…
O.C.G.A. § 51-12-7 Recovery of necessary expenses
0.3K chars
In all cases, necessary expenses consequent upon an injury are a legitimate item in the estimate of damages. (Orig. Code 1863, § 3000; Code 1868, § 3013; Code 1873, § 3068; Code 1882, § 3068; Civil Code 1895, § 3908; Civil Code 1910, § 4505; Code 1933, § 105-2004.)
O.C.G.A. § 51-12-70 Definitions
4.5K chars
As used in this article, the term: (1) ‘‘Attorney General’’ means the Attorney General or his or her designee. (2) ‘‘Annuity issuer’’ means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement. (3) ‘‘Applicable law’’ means:…
O.C.G.A. § 51-12-72 Written transfer agreement required
2.6K chars
(a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing and filed as provided in Code Section 51-12-71. The transfer agreement shall not be so executed until after the expiration of the…
O.C.G.A. § 51-12-76 Provisions unwaivable; no penalty or forfeiture
0.6K chars
(a) The provisions of this article may not be waived. (b) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on: …
O.C.G.A. § 51-12-77 Construction in accordance with other laws
2.2K chars
Nothing contained in this article shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law. (Code 1981, § …
O.C.G.A. § 51-12-8 When damage too remote for recovery generally
0.4K chars
If the damage incurred by the plaintiff is only the imaginary or possible result of a tortious act or if other and contingent circumstances preponderate in causing the injury, such damage is too remote to be the basis of recovery against the wrongdoer. (Orig. Code 1863, § 3004; C…
O.C.G.A. § 51-12-9 How remoteness ascertained
0.4K chars
Damages which are the legal and natural result of the act done, though contingent to some extent, are not too remote to be recovered. However, damages traceable to the act, but which are not its legal and natural consequence, are too remote and contingent to be recovered. (Orig. …