115 Ga. App. 396 | Ga. Ct. App. | 1967
The facts alleged in the motion for summary judgment were in substance that: the defendant did
The appellant contends that in executing the release to Allstate the plaintiff made a complete surrender of her cause of action and accepted the $3,500 as full compensation for the injuries, and was therefore estopped from proceeding with the suit against him. The appellant further insists that to hold otherwise would violate the rule that a person may have but one satisfaction for his injuries. Edmondson v. Hancock, 40 Ga. App. 587 (151 SE 114).
While it is true that the acceptance of payment by a joint tortfeasor as full settlement will bar an action against anyone jointly liable, in the present case the plaintiff received the funds from a source which was in no way connected with the defendant. Under these circumstances there was no violation of the rule of torts that the plaintiff is not entitled to a double satisfaction for his injuries. Anno., 11 ALR3d 1115; 22 AmJur2d 286, Damages, § 206; Sims v. National Cas. Co. (Fla.), 171 S2d 399.
A tortfeasor can not diminish the amount of his liability by pleading payments made to the plaintiff under the terms of a contract between the plaintiff and a third party who was not a joint tortfeasor. We find no Georgia decision as to whether the insured, after having settled with his insurance company under the uninsured motorist clause, can bring an action against the uninsured defendant. However, the Supreme Court in an analogous situation held: “The amount of damages to which
The overruling of the motion for a summary judgment was nor error.
Judgment affirmed.