Witcher v. Studdard

Gardner, Presiding Judge.

It is settled that where a plaintiff sues two joint tortfeasors, it is not necessary to allege that each defendant committed the same amount of negligence. See Gooch v. Georgia Marble Co., 151 Ga. 462, 464 (107 S. E. 47), and Wilson v. Ray, 64 Ga. App. 540, 543 (13 S. E. 2d 848). Whitfield v. Wheeler, 76 Ga. App. 857, 860 (47 S. E. 2d 658) holds that when the driver of a car is confronted with an emergency he is legally liable to exercise ordinary care and diligence under the circumstances, but he will not be liable because he might not have exercised good judgment…