BANKS et al. v. ICI AMERICAS, INC., 266 Ga. 607

Summary

Upon remand from the court, the appellate court granted plaintiffs, parents of a decedent, a re-trial in their product liability suit against defendant manufacturer. However, the appellate court ruled that plaintiffs, based on the law in effect prior to the law articulated by the court in its prior decision in the case, were not entitled to seek punitive damages. On appeal, the court reversed the appellate court's order, holding that the appellate court had erred by not applying the court's decision retroactively. The court further held that, based on a balancing test, the retroactive application the decision would be beneficial to the field of product liability law and would not be inequitable towards defendant. Finally, the court held that the jury in the re-trial would be guided by the law regarding the awarding of punitive damages, pursuant to Ga. Code Ann. § 51-12-5, so the retroactivity of the decision would hardly affect the issue.