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Auldv.Forbes (Two Cases)

CourtSupreme Court of Georgia
Docket No.S20G0020, S20G0021
DecidedSeptember 28, 2020
JudgesSupreme Court of Georgia
Tags
CivilTort LawWrongful DeathStatutory InterpretationCivil ProcedureReversalLandmark Ruling
Case Summary

Tomari Jackson drowned during a school trip in Belize, and his mother filed a Georgia wrongful-death action. The claim was filed outside Belize’s limitation period but within Georgia’s period. The Georgia Supreme Court reversed the Court of Appeals in part. Applying Georgia choice-of-law principles, the court held that Belize law governed the dispute, including Belize’s limitation period. The court also held that Georgia’s public-policy exception did not prevent application of Belize wrongful-death law. Because the action was untimely under the governing Belize period, the Court of Appeals had applied the wrong law when it treated Georgia’s period as controlling. The judgment was reversed to that extent.

Opinion

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Auld V. Forbes (Two Cases) — The Atlanta Gleaner