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Burgundy Guzman, As Surviving Spouse Of Paul Guzman Et Al.v.Carsten Link

CourtCourt of Appeals of Georgia
Docket No.A19A1651
DecidedMarch 13, 2020
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawWrongful DeathNegligenceCivil ProcedureSummary JudgmentReversal
Case Summary

Paul Guzman died as a passenger when a vehicle driven by Carsten Link collided with a car driven by Guzman’s daughter, Tatum. Guzman’s widow brought a wrongful-death action against Link. Link argued that Georgia’s family-purpose doctrine imputed Tatum’s alleged negligence to Guzman and therefore barred or reduced recovery. The Georgia Court of Appeals held that the doctrine could not be used defensively to impute a deceased passenger’s own family member’s negligence in a way that eliminated or reduced the wrongful-death claim against another driver. The court also held that conflicting evidence about whether Guzman’s family had authority and control over the car created a jury question about whether the doctrine applied to that vehicle at all. It reversed Link’s partial summary judgment and affirmed the denial of the widow’s motion to the extent both motions sought a ruling on that factual issue.

Opinion

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