ATLANTA (February 17, 2023) | Senate Majority Caucus Chairman, Senator Jason Anavitarte (R-Dallas) has introduced legislation to close a loophole in Georgia law that allowed trial attorneys to circumvent Georgia’s apportionment statute.
Known as the Trucking Opportunity Act of 2023, Senate Bill 203 closes a loophole in Georgia law created as a result of a decision by the Georgia Supreme Court in Alston & Bird, LLP v. Hatcher Mgmt. Holdings, LLC, decided in 2021. The ruling in Alston & Bird, LLP v. Hatcher Mgmt. Holdings, LLC – when coupled with existing case law – created a loophole which could be abused by plaintiff’s attorneys to file separate, individual lawsuits against a commercial motor vehicle operator, a motor carrier and an insurer. This strategy would allow trial lawyers to circumvent Georgia’s apportionment statute and avoid having to apportion the award of damages among the parties who are liable according to the percentage of fault of each person.
“America is still in the middle of a supply chain crisis. That crisis is exacerbated by a shortage of truckers,” said Sen. Anavitarte. “The last thing this economy needs is trial lawyers exploiting a loophole in Georgia law that forces motor carriers to pay verdicts and settlements never envisioned by the Georgia legislature.”
To address the shortage of truck drivers, Senator Anavitarte has also authored two resolutions: Senate Resolution 155, creating a Senate Truck Driver Shortages Study Committee and Senate Resolution 156, urging the Technical College System of Georgia to conduct a study of the workforce gap among licensed truck drivers and provide streamlined training for those wishing to enter the industry.
“The American Trucking Association estimates that the United States will need 1.2 million new truck drivers in the next 10 years to keep up with those leaving the profession and anticipated growth,” added Sen. Anavitarte. “If you like your shelves stocked and your packages to arrive on time, we must address this critical need in the economy.”
Read the full text of the legislation here:
Senate Bill 203: https://www.legis.ga.gov/legislation/64503
Senate Resolution 155: https://www.legis.ga.gov/legislation/64432
Senate Resolution: 156: https://www.legis.ga.gov/legislation/64451
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Sen. Jason Anavitarte serves as Chair of the Senate Majority Caucus. He represents Senate District 31 which includes Paulding and Polk Counties. He can be reached at 404.656.9221 or at Jason.anavitarte@senate.ga.gov