Couch v. Red Roof Inns, Inc.
291 Ga. 359
| Ga. | 2012Background
- Plaintiff sues hotel owner in a premises liability action after a violent, unforeseeable criminal attack on a hotel guest.
- Georgia trial court certified questions to the Georgia Supreme Court about apportionment of damages under OCGA § 51-12-33 between the property owner and the criminal assailant.
- Statutory framework OCGA § 51-12-33 directs apportionment of damages among all liable parties according to fault, including nonparties under certain conditions.
- Major issue is whether fault includes intentional conduct and thus permits apportionment against a nonparty criminal assailant.
- The majority holds that fault includes intentional conduct for apportionment purposes, and that requiring apportionment would not violate constitutional rights.
- Dissent argues that fault should be read narrowly to exclude intentional conduct, preserving the common-law rule against apportioning to intentional tortfeasors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does fault include intentional conduct for apportionment under OCGA § 51-12-33? | Plaintiff contends fault includes intentional conduct, supporting apportionment against assailants. | Defendant argues fault does not include intentional conduct, preserving prior common-law limits. | Fault includes intentional conduct; apportionment allowed. |
| Would jury instructions enforcing apportionment violate rights to trial, due process, or equal protection? | Plaintiff argues apportionment could undermine trial rights and due process by diluting accountability. | Defendant contends apportionment aligns with due process and rational basis, maintaining jury duties. | No constitutional violation; instructions/apportionment permissible. |
Key Cases Cited
- Six Flags Over Ga. II, L.P. v. Kull, 276 Ga. 210 (Ga. 2003) (fault given ordinary meaning including intentional conduct)
- Pacheco v. Regal Cinemas, Inc., 311 Ga. App. 224 (Ga. App. 2011) (trial court properly charged OCGA § 51-12-33 under premises liability)
- Cavalier Convenience v. Sarvis, 305 Ga. App. 141 (Ga. App. 2010) (apportionment framework under OCGA § 51-12-33 applied to premises liability)
- A.A. Professional Bail v. State of Ga., 265 Ga. App. 42 (Ga. App. 2004) (fault ordinary meaning; broad usage not limited to negligence)
- Fortner v. Town of Register, 278 Ga. 625 (Ga. 2004) (statutes in derogation of common law must be construed strictly)