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60.201 Torts; Joint Promixate Cause; Concurrent Negligence
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Description
60.201 Torts; Joint Promixate Cause; Concurrent Negligence (The following charge applies when there are two or more negligent defendants.) When two or more causes operate directly or happen together in bringing about an injury, there can be a recovery against one or all of the responsible parties. The mere fact that the injury would not have been sustained if only one of the acts of negligence had occurred does not of itself prevent (or limit) the other act from constituting the proximate cause. If all acts of negligence contributed directly and concurrently or together in bringing about the injury, they together constitute the proximate cause. Tallman v. Green, 74 Ga. App. 731, 734 (1947) Gosser v. Diplomat Restaurant Inc., 125 Ga. App. 620, 624 (1972) Clyde v. Peterson, 232 Ga. App. 589 (1998) The proximate cause of an injury may be two separate and distinct acts of negligence of different persons. When two concurrent acts of negligence operate together in bringing about an injury, the person injured may recover compensation for the entire loss from either or both of the persons responsible. Milton Bradley Co. v. Cooper, 79 Ga. App. 302, 306 (1949) Stones Independent Oil v. Bailey, 122 Ga. App. 294, 299 (1970) If you find that the defendant (or the defendant's agent) was negligent in at least one respect and that this negligence, joined together with the negligence of a third person, proximately caused the injury, then it is not necessary for you to determine whether the defendant (or the agent) or a third person was more at fault because the plaintiff would be entitled to recover against either for full damages.
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