Rowland v. Vickers

Gunter, Justice.

We granted a writ of certiorari to review a 5-4 decision of the Court of Appeals. The majority and dissenting opinions in that court are reported at 131 Ga. App. 121 (205 SE2d 503).

The issue for decision is this: Where only one of two defendants can be liable in tort for damages to the plaintiff, does the dismissal of an action with prejudice against the first defendant preclude, as a matter of law, the plaintiff from bringing the same action against the second defendant?

The Court of Appeals held that the second action could not be brought and affirmed a summary judgment…