The case involved a man who had been drinking and loaned his car to his drinking buddy. (Photo: ALM Archives)

Someone who helped cause a drunk-driving accident but was not the DUI driver could still be considered an “active tortfeasor” liable for uncapped punitive damages, the Georgia Supreme Court ruled. 

The unanimous decision by Justice Michael Boggs held that whether someone is an “active” or “passive” tortfeasor is a question for the jury or factfinder. Justice Charles Bethel issued a concurrence, urging the Legislature to “consider whether our interpretation of [statutory] language is, in fact, the desired law of Georgia.”                                  

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