From Casetext: Smarter Legal Research

McGee v. Haynes

Court of Appeals of Georgia
Apr 3, 1973
197 S.E.2d 767 (Ga. Ct. App. 1973)

Opinion

47970.

SUBMITTED MARCH 7, 1973.

DECIDED APRIL 3, 1973.

Action for damages. DeKalb State Court. Before Judge Mitchell.

Scott Walters, Jr., for appellant.

Richard D. Ellenberg, for appellee.


The alleged error of the trial judge in dismissing plaintiff's tort action against the defendant arising out of an automobile collision between the plaintiff's automobile and the defendant's automobile, for failure to join as an indispensable party the driver of plaintiff's automobile, is controlled by the ruling of this court in the case of North Carolina Nat. Bank v. Peoples Bank of LaGrange, 127 Ga. App. 372 ( 193 S.E.2d 571).

While it is true the above case was decided prior to the amendment of 1972, amending Section 19 of the Civil Practice Act (Ga. L. 1972, pp. 689, 694; Code Ann. § 81A-119) that amendment made no such changes as would prevent the rationale of the above decision from applying to the section as amended. See 3A Moore's Federal Practice, p. 2362 et seq., where the application of the similar Federal Rule 19 (similarly amended in 1966) to joint obligors or joint and several obligors and joint tortfeasors is discussed, and where it is said (p. 2364): "Tortfeasors are not indispensable or necessary since their liability is both joint and several." The trial court erred in dismissing plaintiff's action with prejudice because of plaintiff's failure to include the driver of his automobile as a party defendant.

Judgment reversed. Eberhardt, P. J., and Stolz, J., concur.


SUBMITTED MARCH 7, 1973 — DECIDED APRIL 3, 1973.


Summaries of

McGee v. Haynes

Court of Appeals of Georgia
Apr 3, 1973
197 S.E.2d 767 (Ga. Ct. App. 1973)
Case details for

McGee v. Haynes

Case Details

Full title:McGEE v. HAYNES

Court:Court of Appeals of Georgia

Date published: Apr 3, 1973

Citations

197 S.E.2d 767 (Ga. Ct. App. 1973)
197 S.E.2d 767

Citing Cases

Smith v. Smith

Consequently, it is improper to require the joinder of intermediate warrantors as parties defendant or as…

Adler v. Hertling

Jules Aaronson and Jason are at most only joint tortfeasors and therefore, they are not necessary or…