Rehearing Causes Supreme Court Split

One member of the Georgia Supreme Court has had second thoughts about whether an employer's alleged responsibility for causing a worker's on-the-job car accident can be factored into the apportionment of fault for the worker's tort claim against the other driver involved in the crash. Last month, the court unanimously ruled in Zaldivar v. Prickett, No. S14G1778, that an apportionment can be made based on the “fault” of a tortfeasor, even if it has a meritorious affirmative defense or claim of immunity against any liability to the plaintiff, and even if it can...