DeKalb County Judge Issues Default Judgment for $11,508 in Motor Vehicle Negligence

An insurance company filed a lawsuit in DeKalb County, Georgia, against a driver and a vehicle owner to recover benefits paid to its insured following a motor vehicle collision. The complaint, filed in December 2016, alleged the driver operated the vehicle negligently, causing property damage and bodily injuries. The plaintiff claimed the owner negligently entrusted the vehicle to the driver, who was acting as an agent. The insurer sought subrogation for uninsured motorist benefits paid to its insured.

The owner-defendant was lawfully served but failed to answer the complaint, resulting in a default judgment against him in October 2018. The driver-defendant denied the allegations, claiming they were false and fraudulent, and later argued that the owner was a corporation rather than an individual. He also filed motions to vacate a default judgment previously entered against him in June 2014 for failure to answer. However, the driver-defendant failed to appear for a properly scheduled bench trial. The court found no evidence to support his arguments, noting that the record confirmed proper service for both defendants, and denied his motion to vacate the default judgment in May 2019.

The court awarded the plaintiff $8,438.00 in principal, $2,813.00 in attorney fees, and $257.00 in court costs, plus post-judgment interest. This outcome was a result of default judgments against both defendants.