Teasley v. Mathis, 255 S.E.2d 57 (Ga. 1979). · Go Syfert
Teasley v. Mathis, 255 S.E.2d 57 (Ga. 1979). Cases Citing This Book View Copy Cite
77 citation events (35 in the last 25 years) across 5 distinct courts.
Strongest positive: TAYLOR, EXR. v. THE DEVEREUX FOUNDATION, INC. (And Vice Versa) (ga, 2023-03-15)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 10 distinct citers.
examined Cited as authority (rule) TAYLOR, EXR. v. THE DEVEREUX FOUNDATION, INC. (And Vice Versa) (11×) also: Cited "see"
Ga. · 2023 · confidence medium
Teasley addressed a jury-trial-right challenge to the complete elimination of punitive damages in the “no fault statute” for car accident cases where there was no “serious injury,” 243 Ga. at 561, and Moseley addressed a jury-trial-right challenge to OCGA § 51-12-5.1 (e) (2)’s apportionment of 75 percent of a punitive damages award to the 38 State of Georgia in a products liability case, 263 Ga. at 680-681.
cited Cited as authority (rule) DeLOACH v. Elliott
Ga. · 2011 · confidence medium
Teasley v. Mathis, 243 Ga. 561, 564 (2) ( 255 SE2d 57 ) (1979).
discussed Cited as authority (rule) State of Georgia v. Moseley
Ga. · 1993 · confidence medium
We have held, however, that that provision of the Constitution has no such effect, Teasley v. Mathis, 243 Ga. 561, 564 ( 255 SE2d 57 ) (1979); see also Ga. Lions Eye Bank v. Lavant, 255 Ga. 60, 61-62 ( 335 SE2d 127 ) (1985), and we decline to part from that rule in this case.
discussed Cited as authority (rule) Georgia Ports Authority v. Hutchinson (2×)
Ga. Ct. App. · 1993 · confidence medium
Teasley v. Mathis, 243 Ga. 561, 563 ( 255 SE2d 57 ).
discussed Cited as authority (rule) Cincinnati Insurance v. Reybitz
Ga. Ct. App. · 1992 · confidence medium
While we are cognizant of the benefits of judicial economy and note that the trial court correctly recognized that one purpose of the no-fault law is to resolve claims quickly and to eliminate wasteful litigation, Teasley v. Mathis, 243 Ga. 561, 563 (1) ( 255 SE2d 57 ) (1979), although a court may exercise its inherent discretion to resolve matters in the interest of judicial economy, Cheeley v. Henderson, 261 Ga. 498, 501 ( 405 SE2d 865 ) (1991), the goal of judicial economy cannot justify sacrificing the rights of the parties.
discussed Cited as authority (rule) Lawson v. State Farm Mutual Automobile Insurance (2×)
Ga. · 1986 · confidence medium
Teasley v. Mathis, 243 Ga. 561, 563 ( 255 SE2d 57 ) (1979).
cited Cited as authority (rule) Eig v. Savage
Ga. Ct. App. · 1986 · confidence medium
Teasley v. Mathis, 243 Ga. 561, 564 ( 255 SE2d 57 ); accord Silver v. Silver, 280 U. S. 117 (50 SC 57, 74 LE 221).
discussed Cited "see" Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt
Ga. · 2010 · signal: see · confidence high
See Teasley, supra at 563 (2), 255 S.E.2d 57 (citing three U.S. Supreme Court cases, none of which involved challenge on right to jury trial grounds); Moseley, supra at 681 (2), 436 S.E.2d 632 (relying primarily on Teasley ).
discussed Cited "see" Love v. Whirlpool Corp. (2×)
Ga. · 1994 · signal: accord · confidence high
Duke Power, supra at 88, n. 32 ; accord Teasley v. Mathis, 243 Ga. 561 ( 255 SE2d 57 ) (1979).
discussed Cited "see" Terrolyn A. Jowers v. Nationwide Insurance Company (2×)
11th Cir. · 1988 · signal: see · confidence high
See Teasley v. Mathis, 243 Ga. 561, 563 , 255 S.E.2d 57, 58 (1979).
Teasley
v.
Mathis
34701.
Supreme Court of Georgia.
Apr 24, 1979.
255 S.E.2d 57
Lamar W. Sizemore, Jr., for appellant., Michael S. Reeves, Donald M. Fain, Arthur K. Bolton, Attorney General, for appellee.
Undercofler.
Cited by 25 opinions  |  Published
Undercofler, Presiding Justice.

Lucius Teasley, appellant, raised the question in the trial court whether the Georgia "no fault” automobile insurance law is unconstitutional because it disallows an accident victim who does not sustain "serious injury” from suing for exemplary damages. Summary judgment was granted against Teasley, sustaining the no fault law. He appeals. We affirm.

Teasley’s car was struck from behind by appellee Mathis’ while driving in Bibb County. Teasley’s losses,[*562] which did not include "serious injury” [1] under the statute, were paid by his insurer according to the Act. Georgia Motor Vehicle Accident Reparations Act(Ga. L. 1974, p. 113 et seq.; Code Ann. Ch. 56-34B). He then sued Mathis for actual and exemplary damages, alleging gross negligence for speeding and driving while under the influence, and asserting the no fault statute was constitutionally defective in denying him due process, equal protection and access to the courts.

This court has previously considered the constitutionality of the Georgia Motor Vehicle Accident Reparations Act and has upheld it. Andrew v. State, 238 Ga. 433 (233 SE2d 209) (1977) (mandatory requirement); Williams v. Kennedy, 240 Ga. 163 (240 SE2d 51) (1977) ("serious injury”); Cannon v. Ga. Farm Bureau Mutual Ins. Co., 240 Ga. 479 (241 SE2d 238) (1978) (survivor’s benefits). The constitutionality of the statute has not been considered on the issue of exemplary damages. The Court of Appeals, however, has ruled that exemplary damages are "noneconomic losses” [2] not recoverable where the no fault provisions are applicable. Griffin v. Wittfield, 143 Ga. App. 485 (238 SE2d 589) (1977). It is this ruling that Teasley claims renders the no fault Act unconstitutional.

[*563] 1. Teasley’s due process and equal protection claims are premised on the public policy underlying exemplary damages, to punish wrongdoers for reckless conduct in an effort to deter such behavior. E.g., Southern R. Co. v. Moore, 133 Ga. 806 (67 SE 85) (1909). He asserts that this policy bears no relationship to the objectives of the no fault law, the due process defect, and no relationship to the classes established by the Act on the basis of serious injury, the equal protection defect. We disagree.

The objectives of the "no fault” law are set out in Cannon v. Ga. Farm Bureau Mut. Ins. Co., supra, atp. 482: "The purposes of this no fault statute include the elimination of wasteful litigation over moderate to small claims, and the provision of certain minimal insurance coverage for automobile accident victims. Cf. Prosser, Law of Torts, § 85, pp. 567-568 (4th Ed. 1971). One of the methods for accomplishing the goal of minimizing lawsuits is the provision of rapid payments of pecuniary losses, thus reducing the incentive to sue. In order to assure that collateral litigation over these payments would he rare, the law specifies the types of payments to he made, and to whom payments are due. This specification also serves to encourage prompt payments of pecuniary losses. These classifications bear a direct and real relationship to the purposes of the law.” (Emphasis supplied.) We cannot say that eliminating the right to sue for exemplary damages is unrelated to these goals. [3] The emphasized language makes clear that one of the purposes of the Act is to do away with collateral litigation in order to effect prompt payments. Therefore, the disallowance of exemplary damages, which would require a jury trial, furthers the purposes of the Act, and thus meets the standards of the due process clause.

For the same reasons, we find that the elimination of the right to sue for exemplary damages is not unrelated to the classes established by these statutes. The General[*564] Assembly has reasoned that it would be in the public interest to forgo the punitive aspects of this kind of recovery where no serious injury has occurred in order to further the policy objectives met by the no fault law. We find a rational relationship between the elimination of this element of damages and the classes established by the Act and will not substitute our judgment for that of the legislature. The Georgia no fault law, therefore, does not deny Teasley equal protection on this basis.

Submitted March 16,1979 Decided April 24, 1979. Lamar W. Sizemore, Jr., for appellant. Michael S. Reeves, Donald M. Fain, Arthur K. Bolton, Attorney General, for appellee.

2. Teasley also argues that the Act is defective in denying him access to the courts and depriving him of his right to a jury trial. The legislature, however, may modify or abrogate common law rights of action (Silver v. Silver, 280 U. S. 117 (50 SC 57, 74 LE 221) (1929); Arizona Employers’ Liability Cáses, 250 U. S. 400 (39 SC 553, 63 LE 1058) (1918); Munn v. Illinois, 94 U. S. 113 (24 LE 77) (1876)), as well as statutorily created rights, Kelly v. Hall, supra, Therefore, eliminating the right to sue for exemplary damages where there are no serious injuries is well within the province of the legislature and Teasley’s constitutional challenge on this ground must also fail.

Judgment affirmed.

All the Justices concur.
1

" 'Serious injury’ means an accidental bodily injury which results in death, a fractured bone, permanent disfigurement, dismemberment, permanent loss of a bodily function, permanent partial or total loss of sight or hearing, injury resulting in reasonably incurred medical expenses exceeding $500, or an injury resulting in disability for not less than 10 consecutive days. An injured person who is furnished the services described in section 56-3403b (b) without charge or at less than the average reasonable charge therefor in this State shall be deemed to have sustained a serious injury if the fair and reasonable value of such services exceeds $500.” Code Ann. § 56-3402b (j).

2

" 'Noneconomic loss’ means pain suffering, inconvenience and other nonpecuniary damage recoverable under the tort law of this State.” Code Ann. § 56-3402b (1).

3

There is no vested right to sue for exemplary damages. Kelly v. Hall, 191 Ga. 470 (12 SE2d 881) (1941) (no exemplary damages in libel actions without written notice to the defendant).