McGee v. Jones

Although I concur with the majority in Divisions 1 through 4, I must respectfully dissent from Division 5 because I cannot agree with the majority’s conclusion that Tolbert v. Duckworth, 262 Ga. 622 (423 SE2d 229) abolished the defense of legal accident. Further, I must also dissent because I cannot agree that the trial court did not err by allowing Jones’ counsel to argue that there is no such thing as a legal accident, by admonishing McGee’s counsel about what he should not be arguing about, and by asserting that McGee’s counsel’s argument was fiction because there is no such thing as a…