Torts

The Georgia Supreme Court’s torts decisions of the June 1, 2020, through May 31, 2021, survey period ran the gamut. Dog bite liability? Check. Proximate cause?

Check. Negligent misrepresentation by a sperm bank? Alas, check. And apportionment of fault?

Check, check, check. Two themes emerge from the cases of the past term. First, in the apportionment setting, one sees the court’s commitment to textualism and its readiness to interpret Georgia’s apportionment statutes as abrogating longstanding common-law doctrines. Second—and, not surprisingly, this is most apparent in the court’s business torts jurisprudence—one sees a deference to business interests: this is a business-friendly court.

Of course, many cases fall outside either of these themes. But enough summary. Let’s dive in.