There are a number of affirmative defenses that may be raised by a Georgia defendant when faced with a lawsuit arising out of a car accident. One of these is the Act of God defense. In a recent Georgia appellate decision, the appeals court considered a lawsuit that involved a woman hitting a man and his dog while they crossed the entrance to a parking lot. The man sued the woman for negligence, requesting compensatory and punitive damages. The defendant argued an Act of God defense.
Discovery was conducted. The plaintiff brought a motion for summary judgment. The lower court denied the motion as to punitive damages, and also granted the defendant’s motion for summary judgment on the act of God defense raised by the plaintiff.
The plaintiff appealed. The appellate court reversed on the denial of the plaintiff’s request for summary judgment as to punitive damages. However, the appellate court also affirmed the lower court’s granting of the defendant’s motion for summary judgment on the Act of God defense.