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2018 Georgia Code 51-14-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 51-14-2 Case Law from Google Scholar Amendments to OCGA 51-14-2

TITLE 51 TORTS

Section 14. Asbestos and Silica Claims, 51-14-1 through 51-14-13.

ARTICLE 4 DAMAGES IN TORT ACTIONS

51-14-2. Applicability.

This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim.

(Code 1981, §51-14-2, enacted by Ga. L. 2007, p. 4, § 1/SB 182.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. Ch. 14, T. 51, are included in the annotations for this Code section.

Construction.

- Superior and state courts did not err in entering nearly identical orders which held that because O.C.G.A. § 51-14-1 et seq. required asbestos plaintiffs to provide proof that exposure to asbestos was a substantial contributing factor in their medical condition, it unconstitutionally affected an employee's substantive rights by establishing a new element which did not exist when the original cause of action accrued and, hence, could not be applied retrospectively; moreover, because these requirements and limitations were the heart of the statute, their severance would result in a statute that failed to correspond to the main legislative purpose, or give effect to that purpose. DaimlerChrysler v. Ferrante, 281 Ga. 273, 637 S.E.2d 659 (2006)(decided under former O.C.G.A. Ch. 14, T. 51).

Cases Citing O.C.G.A. § 51-14-2

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DaimlerChrysler Corp. v. Ferrante, 637 S.E.2d 659 (Ga. 2006).

Cited 12 times | Published | Supreme Court of Georgia | Nov 20, 2006 | 281 Ga. 273

...To establish prima facie evidence of physical impairment, a plaintiff must provide proof in certain specified forms and from certain specified sources that exposure to asbestos was a substantial contributing factor to the exposed person's medical condition. See OCGA § 51-14-2(15); OCGA § 51-14-3(b)....