Georgia Judge Finds Negligence in Motor Vehicle Collision, Awards $12,840

On October 15, 2015, a collision occurred on I-575 in Georgia when the defendant, while traveling northbound, reportedly became distracted by changing the radio station and failed to notice slowed traffic ahead. The defendant's vehicle then struck the left side of a vehicle in which the plaintiff was a passenger. The defendant received a citation for following too closely.

The plaintiff filed a lawsuit on July 25, 2017, alleging the defendant's negligence per se for failing to maintain a proper lookout, keep a safe distance, control the vehicle, and avoid the collision. The plaintiff further claimed the defendant failed to exercise ordinary care and operated the vehicle with a willful disregard for safety. The defendant responded by denying the allegations and raising defenses including a failure to state a claim, lack of jurisdiction, insufficient service of process, and laches.

The court later consolidated the case with another similar matter. Following a consent order that waived a jury trial and stipulated to medical bills, a bench trial was held. On March 29, 2019, the court ruled in favor of the plaintiff, awarding damages totaling $12,840. This amount covered past, present, and future pain and suffering, as well as medical expenses. The case concluded with a final judgment for the plaintiff.