Couch v. Red Roof Inns, Inc.

Because I believe there is more to statutory construction when Georgia’s common law is at issue than looking through the dictionary of one’s choice, I cannot join the majority opinion. While I agree with the majority that the word “fault” may encompass intentional conduct, I cannot agree with the majority when it opines that the General Assembly intended to eviscerate more than a century of Georgia’s common law simply by using “fault” in OCGA § 51-12-33. Because I believe our case law prevents us from construing a statute to be at *368odds with the common law without an express statement of such…