Georgia-Pacific, LLC v. Fields, 293 Ga. 499

Rhonda Fields developed peritoneal mesothelioma and alleged childhood exposure to asbestos from products made or distributed by multiple companies, including Georgia-Pacific and Union Carbide.
The Fields originally named several companies in pleadings and Mrs. Fields completed a sworn information form (OCGA § 51-14-7) identifying additional potential manufacturers/distributors.
The Fields later settled with some entities and amended pleadings to omit five specific nonparty entities (Central Moloney, Nehring, Phelps Dodge/BICC/General Cable, Southern States, Southwire).
The Fields moved for partial summary judgment to preclude Defendants from attributing fault to those nonparties on the jury apportionment form; the trial court granted the motion and the Court of Appeals affirmed.
Defendants argued they could rely on admissions/allegations in the Fields’ original pleadings and sworn information form to show exposure to the nonparties’ products and thus defeat summary judgment.
The Supreme Court granted certiorari, reversed, and held the Court of Appeals erred in excluding those pleadings-as-admissions and in misapplying the “right for any reason” rule.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether allegations/admissions in Fields’ pleadings and sworn information form may be used as evidence to defeat summary judgment on nonparty apportionment	Fields: Allegations (and sworn form stating "best of her knowledge and belief") are not admissible evidence for summary judgment; amendments withdrawing allegations negate their evidentiary effect	Defendants: Prior pleadings and sworn information form constitute admissions in judicio or otherwise admissible and may be used to show exposure to nonparties	Court: Admissions/ allegations in the pleadings are admissible as evidence against the pleader even if based on belief; withdrawal does not eliminate opposing party’s right to use the original admission
Whether defendants also had to submit expert evidence on causation to defeat the Fields’ motion on nonparty fault	Fields: Motion targeted lack of evidence of exposure to nonparties, not causation; movant met burden so summary judgment proper	Defendants: Even if exposure shown by pleadings, they must produce evidence (expert) linking those exposures to disease to avoid summary judgment	Court: Not required at that stage — movant bore burden to show no evidence of exposure; nonmovants need not produce affirmative evidence until movant meets its burden; causation was not raised as ground in Fields’ motion so “right for any reason” cannot be used to affirm

Jones v. City of Willacoochee, 299 Ga. App. 741 (court of appeals decision on pleadings vs. evidence)
Fletcher v. Hatcher, 278 Ga. App. 91 (verification based on "knowledge and belief" treated cautiously for summary judgment)
Mims v. Jones, 135 Ga. 541 (admissions in pleadings as conclusive when not withdrawn)
Walker v. Jack Eckerd Corp., 209 Ga. App. 517 (admissions in pleadings admissible against pleader)
Howell Mill/Collier Assoc. v. Pennypacker’s, Inc., 194 Ga. App. 169 (distinguishing opinions/conclusions from factual admissions)
Strozier v. Simmons U.S.A. Corp., 192 Ga. App. 601 (original pleadings’ statements remain evidence even after amendment/withdrawal)
R.D. Stallion Carpets, Inc. v. Dorsett Indus., L.P., 244 Ga. App. 719 (opposing party may use withdrawn pleading admissions as evidence)
Woodcraft by MacDonald, Inc. v. Ga. Casualty & Surety Co., 293 Ga. 9 (summary judgment burden rules for movant/nonmovant)
Macfarlan v. Atlanta Gastroenterology Assoc., Inc., 317 Ga. App. 887 (use of pleadings as admissions in opposing party’s defense)
Solomon v. Barnett, 281 Ga. 130 (movant’s burden on summary judgment; nonmovant need not produce evidence until that burden is met)
City of Gainesville v. Dodd, 275 Ga. 834 ("right for any reason" rule in appellate review of summary judgment)
Anderson v. Jones, 323 Ga. App. 311 (requirements for applying "right for any reason")
Abellera v. Williamson, 274 Ga. 324 (when appellate courts may affirm on unaddressed grounds)