Union Carbide Corporation v. Rhonda Fields

• Court: Court of Appeals of Georgia
• Decided: May 5, 2014
• Docket: A11A2025
• Status: Published

Opinion

THIRD DIVISION ELLINGTON, P. J. DOYLE, P. J. and MILLER J.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules/

May 5, 2014

In the Court of Appeals of Georgia A11A2025. UNION CARBIDE CORPORATION et al v. RHONDA FIELDS et al.

MILLER, Judge.

In Georgia-Pacific, LLC v. Fields, 293 Ga. 499 (748 SE2d 407) (2013), the

Supreme Court of Georgia reversed the judgment of this Court in Division 1 (d) of

Union Carbide Corp. v. Field, 315 Ga. App. 554 (726 SE2d 521) (2012), in which

this Court affirmed the partial grant of summary judgment to Rhonda and Gary Fields

on the defense of nonparty fault as it pertained to Central Moloney, Inc., Nehring

Electrical Works Co., Phelps Dodge Cable & Wire, Southern States LLC and

Southwire Co. Consequently, we vacate Division 1 (d) of our opinion in Union

Carbide, supra, and in its place adopt the opinion of the Supreme Court as our own. The Supreme Court did not address or consider Divisions 1 (a) - (c) or Division

1 (e) of our earlier opinion, in which we concluded that the trial court properly

granted partial summary judgment to the Fields on the defendants’ nonparty defense

as it pertained to Georgia Power Company, Ford Motor Company, Genuine Parts Co.,

Chrysler LLC, General Motors, Asbestos Corporation Ltd., Atlas Asbestos, Johnson

Mines, Nicolet Industries and Pacific Asbestos. Union Carbide, supra, 315 Ga. App.

at 557-561 (1) (a) - (c) and 563-564 (1) (e). The Supreme Court also did not address

or consider Division 2 of our earlier opinion in which we held that a factual issue

remained as to causation with regard to Mrs. Fields’s exposure to Union Carbide’s

product. Id. at 566 (2). Since those portions of our earlier opinion are consistent with

the Supreme Court’s opinion, Divisions 1 (a) - (c), Division 1 (e) and Division 2 of

our earlier opinion “become binding upon the return of the remittitur.” Shadix v.

Carroll County, 274 Ga. 560, 563 (1) (554 SE2d 465) (2001).

Accordingly, we reverse the grant of partial summary judgment to the Fieldses

on the defendants’ nonparty defense as it pertained to Central Moloney, Inc., Nehring

Electrical Works Co., Phelps Dodge Cable & Wire, Southern States LLC and

Southwire Co. We affirm the grant of partial summary judgment to the Fieldses on

the defendants’ nonparty defense as it pertained to Georgia Power Co., Ford Motor

2 Co., Genuine Parts Co., Chrysler LLC, General Motors, Asbestos Corp. Ltd., Atlas

Asbestos, Johnson Mines, Nicolet Indus. and Pacific Asbestos.

Judgment affirmed in part and reversed in part. Ellington, P.J., and Doyle,

P.J., concur.