Shell v. Watts
| Decision Date | 07 September 1972 |
| Docket Number | No. 27210,27210 |
| Parties | Clayton SHELL v. William WATTS et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court
Where a third-party complaint is brought against two alleged joint tortfeasors, one of whom is a resident of the county in which the original action was brought, the nonresident third-party defendant may be jointly sued in the county of the original action.
Frank M. Gleason, Ross L. Hatcher, III, Rossville, for appellant.
John E. Wiggins, Ringgold, Lindsay H. Bennett, Jr., Rossville, Covington, Kilpatrick & Storey, Rome, Mitchell & Mitchell, Dalton, for appellees.
This court granted certiorari in the case of Shell v. Watts, 125 Ga.App. 542, 188 S.E.2d 269, to correct a misconstruction of the opinion of this court in Register v. Stone's Independent Oil Distributors, 227 Ga. 123, 179 S.E.2d 68, regarding jurisdiction of third-party defendants.
Mrs. Evelyn Watts sued Clayton Shell for the homicide of her minor son, Steve Watts. Shell sought to bring in two additional persons as third-party defendants, Elliott and Helton, alleging that the shotgun with which Shell accidentally shot Watts was defective, that Elliott sold the shotgun to Helton, and Helton sold it to William Watts, father of the deceased Steve Watts, both warranting the shotgun to be fit for the ordinary purposes for which it would be used. Judgment was demanded against the third-party defendants for all sums which Mrs. Watts may recover against Shell.
Helton is a resident of Catoosa County, the county in which the original action was brought. Elliott is a resident of Floyd County. Shell alleged that the two third-party defendants were joint trespassers, and that Elliott is subject to the jurisdiction of Catoosa Superior Court since his joint trespasser is a resident of Catoosa County. The trial judge sustained the motion of Elliott to dismiss the third-party complaint against him because he is a resident of Floyd County.
The Court of Appeals in Headnote 4 of the opinion (Shell v. Watts, 125 Ga.App. 542, 188 S.E.2d 269, supra) held as follows: ...
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Eschen v. Roney, 47452
...to state that Chief Judge BELL and Judge DEEN concur in this dissent. 1 Reversed on other grounds by the Supreme Court in Shell v. Watts, 229 Ga. 474, 192 S.E.2d 265.2 As we hold our Fifth Circuit Judges in high regard and with respect, would it be le se majeste to comment 'hard cases make ......
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Maddox v. Queen
...194 S.E.2d 589 relying on Shell v. Watts, 125 Ga.App. 542, 188 S.E.2d 269. The latter was reversed on other grounds in Shell v. Watts, 229 Ga. 474, 192 S.E.2d 265. This parental immunity, however, is forfeited if a wilful tort is committed on the unemancipated child. Wright v. Wright, 85 Ga......
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Renfrow v. Gojohn
...the negligent spouse due to interspousal immunity: Shell v. Watts, 125 Ga.App. 542, 188 S.E.2d 269, rev'd on other grounds, 229 Ga. 474, 192 S.E.2d 265 (1972); Schroeder v. Longenecker, 7 F.R.D. 9 (D.Mo. 1947); Chamberlain v. McCleary, 217 F.Supp. 591 (D.Tenn. 1963); Ennis v. Donovan, 222 M......
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Wirth v. City of Highland Park
...100 R.I. 545, 217 A.2d 673; contra: Shell v. Watts (1972), 125 Ga.App. 542, 188 S.E.2d 269, rev'd in part on other grounds (1972), 229 Ga. 474, 192 S.E.2d 265; Ennis v. Donovan (1960), 222 Md. 536, 161 A.2d 698; Martinez v. Lankster (Mo.App.1980), 595 S.W.2d The Louisiana Supreme Court has ......