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O.C.G.A. § 51-1-33 — Settlement of single action under Code Section 51-1-32 - Evidence in separate action | Georgia Code

O.C.G.A. § 51-1-33 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 51 TORTS

Section 1. General Provisions, 51-1-1 through 51-1-55.

51-1-33. Settlement of single action under Code Section 51-1-32 - Evidence in separate action.

If the two causes of action specified in Code Section 51-1-32 are tried separately, the fact that a settlement has been made or that a judgment has been rendered in the action for property damage shall not be admissible in evidence in the action for physical injuries to the person. The fact that a settlement has been made or a judgment rendered in the action for the physical injuries to the person shall not be admissible in evidence in the action for property damage.

(Code 1933, § 105-1302A, enacted by Ga. L. 1973, p. 295, § 1.)

Law reviews.

- For article surveying torts law, see 34 Mercer L. Rev. 271 (1982).

JUDICIAL DECISIONS

Doctrines of res judicata and estoppel by judgment are inapplicable to cases arising from motor vehicle collisions in which personal injury claims and property damage claims are dealt with in separate actions. Childers v. F.A.F. Motor Cars, Inc., 171 Ga. App. 232, 319 S.E.2d 90 (1984).

Cited in Chance v. Hanson, 160 Ga. App. 329, 287 S.E.2d 57 (1981); American States Ins. Co. v. Walker, 223 Ga. App. 194, 477 S.E.2d 360 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Torts, § 64 et seq.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 51 in the context of Georgia personal injury and tort claims and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.