Georgia's Tort Reform Act (S.B.3), including O.C.G.A. § 51-12-33, has been the source of much discussion and debate since its passage in February 2005. O.C.G.A. § 51-12-33 -especially when considered with related passage O.C.G.A. § 51-12-31- purports to abolish joint and several liability and allow the trier of fact to: 1) reduce the plaintiff's damage award in proportion to his percentage of fault and 2) consider the percentage of fault of non-parties solely for the purpose of determining the fault of named parties. Under subsection (b) of O.C.G.A. §51-12-33, each joint tortfeasor is liable only for his portion of the damages. To that end, O.C.G.A. § 51-12-33 (d)(1) allows the trier of fact to consider the negligence or fault of a nonparty if the plaintiff entered into a settlement agreement with the non-party or if a remaining defending party gives notice not later than 120 days prior to the date of trial that a non-party was wholly or partially at fault. The proper format for this notice is set forth in subsection (d)(2), requiring a pleading setting forth information about the non-party and a statement of the basis for believing the non-party to be at fault.

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