Legal Opinion

Gosser v. Diplomat Restaurant, Inc.

Court of Appeals of Georgia

Decided March 3, 1972No. 46500PublishedCited by 17 opinions

1Opinion of the Court

Quillian, Judge.

1. In F. H. Ross & Co. v. White, 224 Ga. 324 (161 SE2d 857), the Supreme Court has held that the right of contribution from a joint tortfeasor not sued, in the action is a substantive right. In discussing Rule 14 of the Federal Rules of Civil Practice (substantially equivalent to our own CPA § 14), it has been pointed out: "Where the •applicable state law permits contribution among joint tortfeasors regardless of whether plaintiff has sued them all in the first instance, it is clear that defendant can bring in other joint tortfeasors in order to enforce his claim for…

2Cases cited15 opinions

  1. Moone v. SmithCourt of Appeals of Georgia · 1909
  2. Scearce v. Mayor of GainesyilleCourt of Appeals of Georgia · 1925
  3. Register v. Stone's Independent Oil Distributors, Inc.Supreme Court of Georgia · 1971
  4. Gooch v. Georgia Marble Co.Supreme Court of Georgia · 1921
  5. FH Ross & Company v. WhiteSupreme Court of Georgia · 1968

10 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Grady Michael Higginbotham, Plaintiff-Appellee-Cross v. Ford Motor Company, Defendant-Appellant-Cross John Henry Lee and Veronica P. LeeCourt of Appeals for the Fifth Circuit · 1976
  2. Gilson v. MitchellCourt of Appeals of Georgia · 1974
  3. Union Camp Corp. v. HelmySupreme Court of Georgia · 1988
  4. McMichael v. Georgia Power Co.Court of Appeals of Georgia · 1974
  5. Riordan v. W. J. Bremer, Inc.District Court, S.D. Georgia · 1979

12 more not listed; retrieve them via the Exa API.

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