Finnocchio v. Lunsford , 129 Ga. App. 694 ( 1973 )

Evans, Judge,

concurring specially. 1. A codefendant in a tort action should have the right of appeal when another codefendant’s motion for directed verdict is granted. His rights are very substantial, because if he is finally cast in the suit, he must pay the entire judgment, whereas he would have the very welcome companionship of another defendant to help pay one-half if it can be shown that the negligence of the other defendant also contributed toward causing the injury. Therefore, I feel that Southeastern Erection Co. v. Flagler Co., 108 Ga. App. 831 (134 SE2d 822); Lewis Card & Co. v. Liberty Mut. Ins. Co., 127 Ga. App. 441 (193 SE2d 856); F. H. Ross & Co. v. White, 224 Ga. 324 (161 SE2d 857), and all other cases holding similarly on this question, should be overruled. While it is true that Code Ann. § 105-2012 (Ga. L. 1966, p. 433; 1972, p. 132), has been recently amended, the amendment does not go far enough; it should plainly spell out that a codefendant in such cases has standing to appeal. But for the present, I am bound by the authorities above cited.

2. Division 2 of the opinion adopts Prosser’s definition as correctly stating the rule applicable to the family purpose doctrine. I believe Prosser is more restrictive than Griffin v. Russell, 144 Ga. 275, 287 (87 SE 10), and the host of Georgia authorities following this landmark decision; and I prefer to follow the Georgia authorities on this question.

3. I concur in the judgment of affirmance and in overruling the motion for rehearing.