Mikesell v. RP Motorsports, Inc., 660 S.E.2d 534 (Ga. 2008). · Go Syfert
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Mikesell v. RP Motorsports, Inc., 660 S.E.2d 534 (Ga. 2008). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 2 distinct courts.
Strongest positive: Deal v. Coleman, 751 S.E.2d 337 (Ga. 2013)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
How cited ↗
Cited for
283 Ga. at 476 Retroactive application of tort reform statute3 citing casesoffer of settlement provisions of Tort Reform Act of 2005 could not be applied constitutionally in a lawsuit between private parties for money damages, insofar as a private right of action accrued to the plaintiff prior to the effective date of the Act1 citing court put it this way
  • Deal v. Coleman, 751 S.E.2d 337 (Ga. 2013).published
    (offer of settlement provisions of Tort Reform Act of 2005 could not be applied constitutionally in a lawsuit between private parties for money damages, insofar as a private right of action accrued to the plaintiff prior…)
  • S. States Chem., Inc. v. Tampa Tank & Welding, Inc, 888 S.E.2d 553 (Ga. 2023).published 6 cites
    (offer of settlement 9 The 2020 amendment did not alter this language. 18 statute applies to private parties in a suit for money damages)
  • Georgia Dep't of Corr. v. Couch, 759 S.E.2d 804 (Ga. 2014).published 2 cites
    See also Mikesell v. RP Motorsports, Inc., 283 Ga. 476, 476-477 ( 660 SE2d 534 ) (2008).
283 Ga. at 477 Because OCGA § 9-11-68 was not effective until February 2005, it did not apply to the plaintiffs cause of action “which accrued in September 2002 and for which a legal complaint was filed in February 2003.2 citing cases1 citing court put it this way
  • Smith v. Baptiste, 694 S.E.2d 83 (Ga. 2010).published
    Mikesell v. RP Motorsports, 283 Ga. 476, 477 ( 660 SE2d 534 ) (2008); Fowler Properties v. Dowland, supra at 79 (2).
  • L. P. Gas Indus. Equip. Co. v. Burch, 701 S.E.2d 602 (Ga. Ct. App. 2010).published 2 cites
    (Because OCGA § 9-11-68 was not effective until February 2005, it did not apply to the plaintiffs cause of action “which accrued in September 2002 and for which a legal complaint was filed in February 2003.)
Retrieving the full opinion text from the archive…
Mikesell
v.
Rp Motorsports, Inc.
S08A0663.
Supreme Court of Georgia.
Apr 21, 2008.
Published opinion
660 S.E.2d 534
2008 Ga. LEXIS 346
Lisa D. Wright, for appellant., Crim & Bassler, Janet C. Allen, for appellee.
Thompson.
Cited by 8 opinions  |  Published
Thompson, Justice.

This is an appeal from the trial court’s award of attorney fees pursuant to OCGA§ 9-11-68 (b) (l),* [1] *a provision enacted as part of the Tort Reform Act of 2005. Appellant contends that this provision violates Art. I, Sec. I, Par. X of the Georgia Constitution as applied because it is a retroactive application of law which alters vested rights. We agree. See Fowler Properties v. Dowland, 282 Ga. 76 (1) (646 SE2d 197) (2007). Consistent with our recent decision in Fowler, OCGA§ 9-11-68, which was not effective until February 2005, cannot[*477] constitutionally be applied to appellant’s cause of action which accrued in September 2002 and for which a legal complaint was filed in February 2003. Our conclusion that OCGA § 9-11-68 is unconstitutional “renders it unnecessary to pass upon the other ground[s] of attack upon the constitutionality of this act.” Floyd County v. Scoggins, 164 Ga. 485, 490 (139 SE 11) (1927).

Decided April 21, 2008. Lisa D. Wright, for appellant. Crim & Bassler, Janet C. Allen, for appellee.

Judgment reversed.

All the Justices concur.
1

In pertinent part, OCGA § 9-11-68 (b) (1) provides:

If a defendant makes an offer of settlement which is rejected by the plaintiff, the defendant shall be entitled to recover reasonable attorney’s fees and expenses of litigation incurred by the defendant... from the date of the rejection of the offer of settlement through the entry of judgment if the final judgment is one of no liability or the final judgment obtained by the plaintiff is less than 75 percent of such offer of settlement.