Georgia Judge Awards $6,709.97 for Car Crash Property Damage

An insurer, acting as subrogee of an insured, initiated a lawsuit against an individual driver and a trucking company following an automobile collision that occurred on October 9, 2019. The plaintiff alleged the individual defendant negligently operated a motor vehicle owned by the co-defendant trucking company, causing property damage to the insured's vehicle. The plaintiff sought to recover $5,809.97 paid for property damage, claiming the individual defendant was an employee or agent of the trucking company, making the company liable under the doctrine of *Respondeat Superior*.

The trucking company asserted it had ceased operations and subsequently bankrupted in October 2019, arguing it had no assets or income and was only liable for its own debts. Despite this defense, the case proceeded against both defendants. The plaintiff also sought attorney's fees, alleging the defendants had been stubbornly litigious under Georgia law. Following a bench trial on May 4, 2022, the court found by a preponderance of the evidence that the plaintiff was entitled to damages and attorney's fees. The court awarded $5,809.97 in damages and $900.00 in attorney's fees, for a total judgment of $6,709.97 plus court costs. The judgment was specifically entered against the individual defendant.