Settlement of Single Action Under Code Section 51-1-32 - Evidence in Separate Action

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If the two causes of action specified in Code Section 51-1-32 are tried separately, the fact that a settlement has been made or that a judgment has been rendered in the action for property damage shall not be admissible in evidence in the action for physical injuries to the person. The fact that a settlement has been made or a judgment rendered in the action for the physical injuries to the person shall not be admissible in evidence in the action for property damage.

(Code 1933, § 105-1302A, enacted by Ga. L. 1973, p. 295, § 1.)

Law reviews.

- For article surveying torts law, see 34 Mercer L. Rev. 271 (1982).

JUDICIAL DECISIONS

Doctrines of res judicata and estoppel by judgment are inapplicable to cases arising from motor vehicle collisions in which personal injury claims and property damage claims are dealt with in separate actions. Childers v. F.A.F. Motor Cars, Inc., 171 Ga. App. 232, 319 S.E.2d 90 (1984).

Cited in Chance v. Hanson, 160 Ga. App. 329, 287 S.E.2d 57 (1981); American States Ins. Co. v. Walker, 223 Ga. App. 194, 477 S.E.2d 360 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Torts, § 64 et seq.


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