2020 Georgia Code
Title 51 - Torts
Chapter 11 - Defenses to Tort Actions
Article 1 - General Provisions
§ 51-11-5. Former Recovery and Pendency of Another Action

Former recovery and the pendency of another action are good defenses in tort actions and are subject to the same rules as when applied to contracts.

(Orig. Code 1863, § 2995; Code 1868, § 3008; Code 1873, § 3063; Code 1882, § 3063; Civil Code 1895, § 3903; Civil Code 1910, § 4500; Code 1933, § 105-1805.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Torts, § 49 et seq.

- Judgment on claim as bar to action to recover amount of payment which was not litigated in previous action, 13 A.L.R. 1151.

Judgment against or settlement by person responsible for a personal injury as affecting his liability on account of improper medical or surgical treatment of injured person, 29 A.L.R. 1313.

Judgment for or against master in action for servant's tort as bar to action against servant, 31 A.L.R. 194.

Conclusiveness, as to negligence or contributory negligence, of judgment in death action, in subsequent action between defendant in the death action and statutory beneficiary of that action, as affected by objection by lack of identity of parties, 125 A.L.R. 908.

Application of rule against splitting cause of action, or of doctrine of res judicata, to item of single cause of action omitted from issues through ignorance, mistake, or fraud, 142 A.L.R. 905.

Judgment in action growing out of accident as res judicata, as to negligence or contributory negligence, in later action growing out of same accident by or against one not a party to earlier action, 23 A.L.R.2d 710.

Admissibility of evidence of unperformed compromise agreement, 26 A.L.R.2d 858.

Liability insurer's settlement of claim against insured as bar to insured's tort action against person receiving settlement, 32 A.L.R.2d 937.

Right to jury trial on issue of validity of release, 43 A.L.R.2d 786.

Appealability of order vacating, or refusing to vacate, approval of settlement of infant's tort claim, 77 A.L.R.2d 801.

Judgment in spouse's action for personal injuries as binding, as regards loss of consortium and similar resulting damage, upon other spouse not a party to the action, 12 A.L.R.3d 933.

Judgment in action against seller or supplier of product as res judicata in action against manufacturer for injury from defective product, or vice versa, 34 A.L.R.3d 518.

Judgment against parents in action for loss of minor's services as precluding minor's action for personal injuries, 41 A.L.R.3d 536.

Validity and effect of "Mary Carter" or similar agreement setting maximum liability of one cotortfeasor and providing for reduction or extinguishment thereof relative to recovery against nonagreeing cotortfeasor, 22 A.L.R.5th 483.