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Alston & Bird, Llpv.Hatcher Management Holdings, Llc

CourtSupreme Court of Georgia
Docket No.S20G1419
DecidedAugust 10, 2021
Reporter312 Ga. 350
JudgesSupreme Court of Georgia
Tags
CivilTort LawStatutory InterpretationDamagesReversalRemandConstitutional Interpretation
Case Summary

Hatcher Management Holdings sued Alston & Bird over damages and the application of Georgia’s apportionment statute. The Supreme Court of Georgia interpreted the statute’s text in the context of the Tort Reform Act and held that courts may not rewrite unambiguous language to advance a perceived legislative purpose. The Court explained how the statutory provisions governing allocation of fault operate and rejected an interpretation that would delete or add words not enacted by the General Assembly. It reversed the Court of Appeals’ judgment and remanded with direction for further proceedings under the statute as written. The opinion emphasizes text-first statutory interpretation and the limits of using policy assumptions to alter an unambiguous apportionment rule.

Opinion

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