Georgia Jury Awards $15,900 for Motor Vehicle Collision

In March 2015, a motor vehicle collision occurred in the State of Georgia when a vehicle operated by the defendant allegedly collided with the plaintiff's vehicle. The plaintiff sustained injuries and damages, including medical expenses exceeding $9,306 and physical and mental pain. In January 2016, the plaintiff filed a complaint against the defendant, seeking special and general damages, attorney's fees, and litigation costs. The plaintiff alleged the defendant had acted in bad faith, was stubbornly litigious, or had caused unnecessary trouble and expense.

The defendant responded by asserting that the complaint failed to state a claim and that the plaintiff had not specifically pleaded special damages. A third party, identified as the defendant's insurer, also filed defenses, citing insufficient process and service of process, and invoking affirmative defenses. The case proceeded to trial. In January 2017, a jury returned a verdict in favor of the plaintiff.

The jury determined the plaintiff was 40% comparatively negligent, which was below Georgia's 50% threshold for barring recovery. Total damages of $26,500 were awarded and then reduced by the plaintiff's percentage of fault, resulting in a final judgment of $15,900.