Jason W. Hammer and Elizabeth K. Lowrey Obtain Summary Judgment On Georgia Limited Release Statute
Jason W. Hammer and Elizabeth K. Lowrey recently obtained summary judgment for their individual client in the State Court of Cobb County. The case arose when a teenage boy was tragically killed in a car accident involving a vehicle driven by his grandmother. Mr. Hammer and Ms. Lowrey represented the decedent’s grandmother in a lawsuit against both her, individually, and her vehicle’s manufacturer. Prior to filing suit, Plaintiffs released the decedent’s grandmother pursuant to Georgia’s limited release statute, except to the extent there was additional insurance coverage available to cover their claims against her. Plaintiffs also released their own insurance company as uninsured/underinsured motorist carrier, thereby exhausting all additional insurance coverage available to cover their claims against the decedent’s grandmother. Due to the exhaustion of all available insurance and Plaintiffs’ release of their claims against the deceased’s grandmother, Mr. Hammer and Ms. Lowrey argued Plaintiffs were precluded from recovery against their client. Plaintiffs argued the insurance policy covering the vehicle manufacturer for products liability claims constituted “additional available insurance” under the statute, allowing Plaintiffs to proceed against the decedent’s grandmother through trial and entry of a judgment. Mr. Hammer and Ms. Lowrey were able to bring the case before the Court on summary judgment, arguing Plaintiffs’ release of their client and exhaustion of all available insurance barred them from recovery against the decedent’s grandmother. The Court granted the Motion for Summary Judgment, finding the Georgia limited release statute is clear, and when Plaintiffs settled with their own uninsured/underinsured motorist carrier, all other insurance coverage evaporated.
Jason W. Hammer is a partner with the law firm of Lueder, Larkin & Hunter, LLC in Atlanta, Georgia, where he practices primarily in general liability litigation, including everything from basic car wrecks to complex wrongful death cases. Jason can be reached at jhammer@luederlaw.com.
Elizabeth K. Lowrey is an associate in the Buckhead office of Lueder, Larkin & Hunter where her practice focuses on general liability defense and litigation. Elizabeth can be reached at elowrey@luederlaw.com.