Lackey v. McDowell

Hunt, Justice.

We granted certiorari to consider whether the Court of Appeals’ holding, that the general release executed by one joint tortfeasor in this case released the other joint tortfeasor, is consistent with our decision in Posey v. Med. Center-West, 257 Ga. 55 (354 SE2d 417) (1987). McDowell v. Lackey, 200 Ga. App. 506 (408 SE2d 481) (1991). We hold that it is not and reverse.

Defendant McDowell’s car slid off the road. Lackey, an EMT sent to the scene, was injured when a third party skidded into him. Lackey and his wife settled with the third party’s insurance company, executing a…