In the unfolding of a contentious wrongful death personal injury case, the appellant’s defense has brought an apportionment request to the Georgia Court of Appeals. While the appeal finds its origins in a defaulted defendant being liable for $25 million in damages, the opposing counsel classified this move as a desperate attempt to evade the repercussions of its absence from the case.
Present at the appellate panel were Presiding Judge Stephen Dillard, Judge Trea Pipkin, and Chief Judge Brian Rickman. The judges seemed predominantly skeptical about the request, with Judge Pipkin expressing his apprehensions: “You’re asking us to do something no court has ever done before… [If we do this] we are incentivizing a party to not show up, not participate in the system”.
What happens with this case could set a major precedent for future litigation. Will this convince the courts that not participating can be an effective defense strategy? Or will it reinforce the need for all parties to remain engaged throughout the legal process?
Keep an eye on this case as it develops, you can find the original unfolding of this case here.