Fulton County Motor Vehicle Collision Settles After Mediation

A motor vehicle collision occurred on June 17, 2019, in Fulton County, Georgia, when a 2003 Chevrolet Avalanche collided with the plaintiff's Jeep. The plaintiff alleged the defendant driver operated the Chevrolet negligently by failing to maintain a proper lookout, control of the vehicle, and following too closely, a violation of state traffic law. The plaintiff sustained bodily injuries to the neck, shoulder, and back, resulting in $7,557.50 in medical expenses.

The plaintiff filed a complaint on November 30, 2020, seeking general damages for pain and suffering and special damages for medical expenses. An insurer, named as a defendant, filed an answer stating it could not admit or deny if the driver was uninsured. The insurer argued the plaintiff had no cause of action against it without first obtaining a judgment against an uninsured person, failed to state a claim, and had not performed conditions precedent to the action. A separate defense argued that the plaintiff's failure to plead special damages barred recovery, citing state pleading requirements.

On October 20, 2021, the plaintiff filed a petition for mediation, which the court granted. The case was subsequently dismissed with prejudice on May 4, 2022, likely indicating the parties reached a settlement agreement through the mediation process.