In a case of negligent security against a commercial property owner, Couch v. Red Roof Inns Inc., S12Q0625, the Georgia Supreme Court last week upheld Georgia’s apportionment statute, O.C.G.A. § 51-12-33.
In a 5 -2 decision, with Justice Benham and Presiding Justice Hunstein dissenting, the Georgia Supreme Court found that (1) the jury is allowed to apportion damages among the property owner and the criminal assailant, and (2) instructions or special verdict form requiring such apportionment would not violate the plaintiff’s constitutional rights. In addition to the Supreme Court’s analysis of the statutory construction of O.C.G.A. § 51-12-33, the opinion