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Lawskills.com Georgia Caselaw
CITY OF BUFORD et al. v. HOSCH.
39029.
Action for damages. Gwinnett Superior Court. Before Judge Pittard.
NICHOLS, Judge.
Where the negligent acts of two persons combine, although not done simultaneously, to cause an injury to a third person they are joint tortfeasors, and the release of the first tortfeasor will release the other.
Paul Hosch, Jr., filed an action against the City of Buford, Ga., and H. M. Taylor, a police officer of such city, to recover for injuries sustained when, after being involved in one wreck, when the automobile in which he was riding as a guest went out of control and turned over, the plaintiff was injured when an automobile driven by Joe Wansley struck the vehicle involved in the first wreck and as a result of such collision the defendant's automobile was struck causing the same to be "knocked" upon the plaintiff. The defendants filed their answers and an amendment thereto, which answer as amended not only denied the material allegations showing negligence on their part but pleaded the release of a joint tortfeasor which release had the effect of releasing them. On the trial of the case the jury returned a verdict for the plaintiff and thereafter the defendants' motion for a judgment non obstante veredicto in accordance with their motion for a directed verdict was overruled and it is to such judgment adverse to them that the defendants now except.
The defendants in the present case contend, in support of their motion for a judgment non obstante veredicto, that the release given to the driver of the automobile in which the plaintiff was a guest relieved them of liability.
Accordingly the judgment overruling the defendants' motion for a judgment non obstante veredicto was error and must be reversed with direction that judgment be entered in accordance with such motion.
Howard T. Oliver, Jr., contra.
Nall, Miller, Cadenhead & Dennis, Douglas Dennis, B. Carl Buice, for plaintiffs in error.
DECIDED SEPTEMBER 27, 1961 -- REHEARING DENIED OCTOBER 13, 1961.
Friday May 22 23:23 EDT


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