Cobb County Jury Awards $90,000 in Automobile Collision

In Cobb County, Georgia, an automobile collision occurred on February 1, 2015, when a driver attempting a left turn from a gas station onto Cobb Parkway failed to yield to oncoming traffic, striking another vehicle. The driver of the struck vehicle, the plaintiff, was traveling northbound in the right straight lane when the incident occurred.

The plaintiff subsequently filed a lawsuit, alleging the defendant's negligence included failure to yield, reckless driving, and failing to keep a proper lookout, among other motor vehicle law violations. The plaintiff claimed injuries to the left shoulder and left knee, asserting some were permanent. Damages sought included medical expenses exceeding $5,000, anticipated future medical expenses of over $35,000 for a shoulder surgery, and lost wages. The defendant denied these allegations, arguing the collision was partly or wholly due to the plaintiff's own negligence and that the plaintiff had the last clear chance to avoid the accident. The defendant also contended the plaintiff failed to specifically state items of special damages. An uninsured motorist carrier was initially involved but later dismissed without prejudice.

The case proceeded to trial, where a jury found in favor of the plaintiff. However, the jury determined that the plaintiff was 25% at fault for the collision, while the defendant was 75% at fault. The jury awarded $120,000 in damages, which was then reduced to $90,000 due to the plaintiff's comparative fault. A judgment for $90,000 was entered in favor of the plaintiff on April 2, 2019.