CopyCited 48 times | Published | Supreme Court of Georgia | Mar 6, 2017 | 797 S.E.2d 814
...See, e.g., OCGA §
12-5-27.1 (declaring unlawful the retail sale or use of “any cleaning agent containing phosphorus,” subject to exceptions such as products that “[c]ontain phosphorus in an amount not exceeding 0.5 percent by weight which is incidental to manufacturing”); OCGA §
9-3-30.1 (reviving or extending statute of limitations for certain actions against manufacturers and suppliers of “asbestos or material containing asbestos”); OCGA §
26-2-378 (requiring restaurants’ disclosure of “meat products” that *8...
CopyCited 26 times | Published | Supreme Court of Georgia | Mar 15, 2010 | 287 Ga. 7, 2010 Fulton County D. Rep. 706
...proofthey cannot be found liable for the care they provide unless it is established by clear and convincing evidence that they were grossly negligent. In Celotex Corp. v. St. Joseph Hosp.,
259 Ga. 108,
376 S.E.2d 880 (1989), this Court found OCGA §
9-3-30.1 to be an unconstitutional special law. That statute extended or revived asbestos-related claims against manufacturers or suppliers otherwise constrained by the existing statute of limitation. The Court described OCGA §
9-3-30.1 as "deal[ing] with a limited activity in a specific industry during a limited time frame....
CopyCited 18 times | Published | Supreme Court of Georgia | Mar 2, 1989 | 259 Ga. 108
...Bowers, Attorney General, Charles M. Richards, Assistant *112 Attorney General, amicus curiae. PER CURIAM. The Certified Question The United States Court of Appeals for the Eleventh Circuit certified the following question to this court: "Whether [OCGA] §
9-3-30.1 applies to cases pending at the time of the statute's enactment so as to prevent these claims from otherwise being barred by an applicable period of limitation?" St....
...Joseph knew or reasonably should have known that the asbestos fireproofing constituted a hazard requiring removal. After a five day trial the jury returned a verdict against Celotex for $300,000 and against USG for $200,000. The two defendants appealed. Id. OCGA §
9-3-30.1, effective April 14, 1988, provides: (a) 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 pe...
...on (a) of this Code section. (d) Nothing contained in this Code section shall be construed *110 to have any effect on actions for personal injury or any other claim except as specifically provided in this Code section. Our Response We find that OCGA §
9-3-30.1 constitutes a special law within the meaning of Art....
...IV (a) of the Constitution of Georgia of 1983, which provides: "Laws of a general nature shall have uniform operation throughout the state and no local or special law shall be enacted in any case for which provision has been made by an existing general law. ..." OCGA §
9-3-30.1, like the statute at issue in Lasseter v....
