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2018 Georgia Code 9-3-30.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-3-30.1 Case Law from Google Scholar Amendments to OCGA 9-3-30.1

TITLE 9 CIVIL PRACTICE

Section 3. Limitations of Actions, 9-3-1 through 9-3-115.

ARTICLE 2 SPECIFIC PERIODS OF LIMITATION

9-3-30.1. Actions against manufacturers or suppliers of asbestos or material containing asbestos.

  1. Notwithstanding the provisions of Code Section 9-3-30 or any other law, every action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any person or entity, public or private; or brought by or on behalf of this state or any agency, department, political subdivision, authority, board, district, or commission of the state; or brought by or on behalf of any municipality, county, or any state or local school board or local school district to recover for:
    1. Removal of asbestos or materials containing asbestos from any building owned or used by such entity;
    2. Other measures taken to correct or ameliorate any problem related to asbestos in such building;
    3. Reimbursement for such removal, correction, or amelioration related to asbestos in such building; or
    4. Any other claim for damage to real property allowed by law relating to asbestos in such building

      which might otherwise be barred prior to July 1, 1990, as a result of expiration of the applicable period of limitation, is revived or extended. Any action thereon shall be commenced no later than July 1, 1990.

  2. The enactment of this Code section shall not be construed to imply that any action against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period.
  3. Nothing in this Code section shall be construed to revive, extend, change, or otherwise affect the applicable period of limitation for persons or entities not set forth and provided for in subsection (a) of this Code section.
  4. Nothing contained in this Code section shall be construed to have any effect on actions for personal injury or any other claim except as specifically provided in this Code section.

(Code 1981, §9-3-30.1, enacted by Ga. L. 1988, p. 1996, § 1.)

JUDICIAL DECISIONS

Constitutionality.

- O.C.G.A. § 9-3-30.1 does not meet constitutional standards because it singles out for special treatment property claims against manufacturers and suppliers of asbestos and differentiates them from all other claims that might be based upon other hazardous or toxic substances. Celotex Corp. v. St. Joseph Hosp., 259 Ga. App. 108, 376 S.E.2d 880 (1989), cert. denied, 493 U.S. 1081, 110 S. Ct. 1138, 107 L. Ed. 2d 1043 (1990).

RESEARCH REFERENCES

Contractor's Liability for Mishandling Toxic Substance, 37 Am. Jur. Trials 115.

Cost Recovery Litigation: Abatement of Asbestos Contamination, 40 Am. Jur. Trials 317.

Handling Toxic Tort Litigation, 57 Am. Jur. Trials 395.

Asbestos Injury Litigation, 60 Am. Jur. Trials 73.

Cases Citing Georgia Code 9-3-30.1 From Courtlistener.com

Total Results: 3

Grange Mutual Casualty Co. v. Woodard

Court: Supreme Court of Georgia | Date Filed: 2017-03-06

Citation: 300 Ga. 848, 797 S.E.2d 814, 2017 WL 875034, 2017 Ga. LEXIS 172

Snippet: which is incidental to manufacturing”); OCGA § 9-3-30.1 (reviving or extending statute of limitations

Gliemmo v. Cousineau

Court: Supreme Court of Georgia | Date Filed: 2010-03-15

Citation: 694 S.E.2d 75, 287 Ga. 7, 2010 Fulton County D. Rep. 706, 2010 Ga. LEXIS 218

Snippet: (376 SE2d 880) (1989), this Court found OCGA § 9-3-30.1 to be an unconstitutional special law. That statute

Celotex Corp. v. St. Joseph Hospital

Court: Supreme Court of Georgia | Date Filed: 1989-03-02

Citation: 376 S.E.2d 880, 259 Ga. 108, 1989 Ga. LEXIS 96

Snippet: following question to this court: “Whether [OCGA] § 9-3-30.1 applies to cases pending at the time of the statute’s