Cobb County Jury Finds Negligence, Awards $15,020 in Rear-End Collision

On October 20, 2017, a rear-end collision occurred on Highway 285 North near South Cobb Drive in Cobb County, Georgia, when the defendant's vehicle struck the plaintiff's vehicle. The plaintiff sustained serious bodily injuries, including over $22,500 in medical expenses, along with pain and emotional distress. The plaintiff subsequently filed a renewed lawsuit, alleging the defendant was negligent by following too closely, driving too fast for conditions, and failing to maintain proper lookout and control. The complaint also claimed negligence per se, citing violations of Georgia statutes related to following distance and ordinary care.

The defendant responded by asserting that the plaintiff's own negligence contributed to or exceeded any negligence on her part, and that the complaint was barred by applicable statutes of limitation and the doctrine of laches. The defendant's insurer, Allstate Property and Casualty Insurance Company, also filed defenses, arguing the plaintiff had no cause of action against the insurer until a judgment was obtained against an uninsured motorist, among other procedural issues. Prior to trial, the court granted the plaintiff's motion to prohibit references that the defendant would personally pay any verdict and to prevent characterizing the incident as an "accident" in a legal sense.

On March 23, 2022, a jury found in favor of the plaintiff against the defendant. The jury initially awarded $20,620 in damages, which was later updated to $40,020 with post-judgment interest. After a $25,000 setoff was applied, the final judgment for the plaintiff was adjusted to $15,020. The court entered judgment for the plaintiff on March 28, 2022.