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Jamie Rebecca Flanders As Natural Mother And Legal Heir Of James Gage Raper Et Al.v.Dequavus D. Jackson

CourtCourt of Appeals of Georgia
Docket No.A17A1507
DecidedFebruary 9, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawWrongful DeathInsurance CoverageDamagesSummary JudgmentReversalRemand
Case Summary

Jamie Flanders, acting for her son’s estate, sued Dequavus Jackson after Jackson lost control of a vehicle and the crash killed Flanders’s sixteen-year-old son. Jackson later filed for bankruptcy, and the trial court ruled on partial summary judgment that the bankruptcy discharge limited Flanders’s recovery to the available automobile-insurance coverage. The Georgia Court of Appeals reversed. It held that a bankruptcy discharge did not prevent Flanders from obtaining an excess judgment establishing Jackson’s liability for the purpose of pursuing the insurer. The court reasoned that the discharge eliminated personal collection against Jackson but did not erase the underlying liability or restrict the creditor to the policy limits. The court also declined to reach Flanders’s argument that summary judgment had been premature because she had not yet deposed Jackson, since reversal of the dispositive ruling resolved the immediate issue. The court reversed and remanded for further proceedings.

Opinion

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