Georgia Jury Awards $142,086 in Motor Vehicle Accident

A plaintiff filed a personal injury lawsuit following a motor vehicle accident, seeking $17,100.04 for medical expenses and $425,000.00 for pain and suffering.

One defendant asserted a sudden emergency defense, claiming she swerved to avoid a co-defendant who allegedly failed to yield, which resulted in accidentally striking the plaintiff. This defendant argued that the incident's proximate cause was the co-defendant's actions. The co-defendant denied negligence, claiming the plaintiff's injuries were caused by events beyond her control. An insurer, presumably involved, raised defenses including failure to state a claim and argued that no defendant was an uninsured or underinsured motorist.

The case proceeded to trial. On April 2, 2019, a jury found in favor of the plaintiff against one defendant. On April 11, 2019, the jury returned a total verdict of $142,086.04, apportioning fault between the defendants. The plaintiff was awarded $24,730.11 against the co-defendant and $121,082.01 against the primary defendant. The jury's award against the primary defendant included $92,355.93 in general damages. Following the verdict, the court granted the plaintiff's motion for attorney fees and expenses under O.C.G.A. § 9-11-68, awarding an additional $25,871.98 against the primary defendant on May 1, 2019. The case concluded with a plaintiff win via jury verdict.