Georgia Jury Awards $188,914.97 in Rear-End Collision

On August 15, 2017, a vehicle operated by the defendant failed to yield while turning onto Cumming Highway near Northside-Cherokee Boulevard in Georgia, colliding with the rear of a vehicle driven by the plaintiff. A responding officer determined the defendant was at fault for the crash due to failure to yield, finding no contribution from the plaintiff.

The plaintiff filed a lawsuit on May 9, 2019, alleging the defendant breached a duty to exercise reasonable care and committed negligence per se by violating Uniform Rules of the Road, specifically by failing to yield and driving without due care. The plaintiff sought general, special, and compensatory damages for physical and mental pain and suffering, as well as medical bills. The defendant asserted several defenses, including comparative and contributory negligence, claiming the plaintiff's own negligence was equal to any on the defendant's part. The defendant also argued that the plaintiff's failure to specifically state special damages sought barred their recovery.

During discovery, the court granted motions to compel from both sides, including one involving a non-party expert witness. In a ruling, the court deemed the expert's requested fees of $37,000 to $55,000 for producing records unreasonable, limiting reasonable expenses to $2,500. A motion to exclude the expert's testimony was denied.

The case proceeded to trial, and on October 19, 2022, a jury found in favor of the plaintiff. A judgment was entered on October 21, 2022, against the defendant, awarding the plaintiff $188,914.97 in general damages. The jury rejected the defendant's claims of comparative and contributory negligence, finding the defendant fully liable for the collision's damages.