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lawsuitsettlementplaintiffdamagesverdictleasecorporation
lawsuitsettlementplaintiffdamagescorporation

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Bibbs v. Toyota Motor Corporation, 304 Ga. 68, 815 S.E.2d 850, Prod.Liab.Rep. (CCH) P 20,369

Facts

In September 1992, Delia Bibbs suffered a head injury in a car accident, resulting in a coma. Her husband, acting as her guardian, filed a personal injury lawsuit against Toyota, alleging defects in the vehicle. They reached a settlement before a jury verdict, which included a release of all claims except for wrongful death. After 20 years in a coma, Bibbs died, prompting her husband and children to file a wrongful death lawsuit against Toyota, which led to the certification of questions regarding the recoverability of damages.

In September 1992, Delia Bibbs suffered a head injury in a car accident, resulting in a coma. Her husband, acting as her guardian, filed a personal injury lawsuit against Toyota, alleging defects in the vehicle.

Issue

Are the damages recoverable in a wrongful death action limited by a settlement entered into by the decedent's guardian in a previous personal injury suit?

Are the damages recoverable in a wrongful death action limited by a settlement entered into by the decedent's guardian in a previous personal injury suit?

Rule

Under Georgia law, damages in a wrongful death action are limited by the decedent's full settlement of her earlier personal injury action, and components of wrongful death damages that were recoverable in the personal injury action are barred.

Under Georgia law, damages in a wrongful death action are limited by the decedent's full settlement of her earlier personal injury action, and components of wrongful death damages that were recoverable in the personal injury action are barred.

Analysis

The court determined that the wrongful death claim is wholly derivative of the personal injury claim, meaning the plaintiffs can only recover damages that Bibbs could have recovered had she pursued the claim herself. Since Bibbs had fully settled her personal injury claim, the court ruled that she could not recover the economic damages again in the wrongful death action. However, the court acknowledged that non-economic damages might still be recoverable, as the value of her life in a comatose state could differ from the value of her life had she not been injured.

The court determined that the wrongful death claim is wholly derivative of the personal injury claim, meaning the plaintiffs can only recover damages that Bibbs could have recovered had she pursued the claim herself.

Conclusion

The Supreme Court of Georgia answered the certified questions affirmatively, ruling that damages in the wrongful death action are limited by the decedent's prior settlement of her personal injury action, and that while economic damages are barred, non-economic damages may still be litigated.

The Supreme Court of Georgia answered the certified questions affirmatively, ruling that damages in the wrongful death action are limited by the decedent's prior settlement of her personal injury action, and that while economic damages are barred, non-economic damages may still be litigated.

Who won?

Toyota Motor Corporation prevailed in limiting the damages recoverable in the wrongful death action, as the court upheld that the prior settlement barred economic damages.

Toyota Motor Corporation prevailed in limiting the damages recoverable in the wrongful death action, as the court upheld that the prior settlement barred economic damages.

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