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Clayton County judges hear extended argument over Georgia's new tort-reform bifurcation rules
Summary
Attorneys and Judge Tammy Long Hayward spent a lengthy portion of the calendar arguing over how Georgia's recent tort-reform statute should divide fault, injury and damages between phase 1 and later phases; counsel disagreed sharply about whether injury evidence and causation belong in phase one.
A prolonged procedural confrontation over Georgia's new bifurcation statute consumed a large portion of the Feb. 11 civil calendar in Clayton County State Court. Judge Tammy Long Hayward heard competing legal views about what trial evidence belongs in the statute's initial phase, who may apportion fault and how causation and injury proofs should be handled before a jury.
Plaintiff and defense counsel offered sharply different readings of the statute (codified in revised tort-apportionment provisions), with defense lawyers urging that separating liability from sympathy-inducing damages is a…
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