Ford v. Uniroyal Goodrich Tire Co.

I concur in the dissent of Presiding Judge McMurray; however, I wish to point out a case regarding admissions in judicio as to venue that controls this issue.

Uniroyal Goodrich Tire Company (“UGTC”) came into the suit by a consent order for substitution. UGTC in both suits admitted venue in Fulton County.

In Nadew v. Alemu, 217 Ga. App. 438, 440 (457 SE2d 709) (1995), this Court held that residence and venue were facts that could bind as an admission in judicio when admitted in the answer by a nonresident joint tortfeasor. “[UGTC] was in the best possible position to know both [its] county of…