Dekalb County, Georgia Rear-End Collision Settles for $23,000

On May 10, 2017, a rear-end collision occurred on Peachtree Road at the intersection with North Shallowford Road in Dekalb County, Georgia. The plaintiff was driving northbound with a minor passenger when their vehicle, stopped at a traffic light, was struck from behind by the defendant's vehicle. The impact caused both the plaintiff and the minor passenger to be thrown forward and backward, resulting in injuries. The plaintiff sustained neck and back injuries with medical bills totaling $10,950, while the minor passenger suffered neck and lower back injuries with medical bills totaling $3,640.

The plaintiff filed a lawsuit against the defendant, alleging negligence and negligence per se for failing to maintain a safe following distance and failing to drive at a reasonable and prudent speed. The plaintiff sought special damages, general damages, punitive damages, and attorney fees. The defendant contested the claims for punitive damages and attorney fees, arguing that the complaint did not establish a basis for such awards. In October 2019, the defendant filed a motion for partial summary judgment on these claims, asserting a lack of clear and convincing evidence for punitive damages and no grounds for attorney's fees based on bad faith.

The court granted the defendant's motion for partial summary judgment on the punitive damages and attorney fees claims in December 2019. The plaintiff later accepted an offer to settle the claim related to the minor passenger's injuries, while the plaintiff's individual claim proceeded to trial. In January 2020, a jury returned a verdict in favor of the plaintiff, awarding $17,000. Following the verdict, the parties reached an agreement for the defendant to pay a total of $23,000, which included the $17,000 verdict plus an additional $6,000 for attorney's fees. The agreement also stipulated the defendant would waive the right to appeal, and the plaintiff would file a satisfaction of judgment upon receipt of funds.