Legal Opinion · Dissent

Brinks, Inc. v. Robinson

Court of Appeals of Georgia

Decided December 5, 1994No. A94A1754Published

1DissentSmith, Judge

I respectfully dissent, as I cannot agree with Division 1 of the majority opinion. The majority concludes joinder was improper because the defendants were not joint tortfeasors and “[t]he two separate accidents are insufficiently connected to constitute a ‘series of occurrences’ giving rise to plaintiff’s claims.”

No bright-line rule exists regarding permissive joinder, and in my view, this was an appropriate case for permissive joinder of the two defendants and the application of OCGA § 9-11-20 (a). Robinson’s claims arose out of a “series of occurrences”: a collision with a Brinks truck on…

2Cases cited4 opinions

  1. Gilson v. MitchellCourt of Appeals of Georgia · 1974
  2. Mitchell v. GilsonSupreme Court of Georgia · 1975
  3. Polston v. Boomershine Pontiac-GMC Truck, Inc.Supreme Court of Georgia · 1992
  4. Ryder Automobile Leasing Co. v. TatesCourt of Appeals of Georgia · 1965

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API