Where there are multiple people responsible for an accident, Georgia law OCGA 51-12-33(b) requires that the jury decides the percentage of each person’s fault and that the jury verdict is apportioned among each person by the percentage of their fault.
Here are a couple of examples that show how this works:
The jury returns a $300,000 verdict and finds the plaintiff 20% at fault, defendant X 40% at fault and defendant Y 40% at fault. The jury verdict is reduced 20%, to $240,000, to reflect the plaintiff’s fault. Defendant X is responsible for 40% of the verdict, which is $120,000. Defendant Y is also responsible for 40% of the verdict, which is $120,000.
The jury returns a $500,000 verdict and finds the plaintiff 30% at fault, defendant X 50% at fault and defendant Y 20% at fault.The jury verdict is reduced 30%, to $350,000, to reflect the plaintiff’s fault. Defendant X is responsible for 50% of the verdict, which is $250,000. Defendant Y is responsible for 20% of the verdict, which is $100,000.