Alston & Bird, LLP v. Hatcher Management Holdings, LLC

Summary

The court held that the apportionment statute does not permit a reduction of damages based on nonparty fault when an action is brought against only one defendant. It also held that litigation expenses awarded under OCGA § 13-6-11 are damages subject to apportionment, although the specific reduction depends on whether fault can be legally or factually divided. The judgment was affirmed in part, reversed in part, and remanded for further proceedings concerning the litigation-expenses award.