Gwinnett County Jury Awards $12,295 in Motor Vehicle Negligence

In Gwinnett County, Georgia, a plaintiff was involved in a vehicle collision on April 6, 2017, at the intersection of Regal Heights Drive and South Deshon Road. The plaintiff's vehicle was stopped at a stop sign when the defendant drove into its driver's side. The defendant was cited for failure to maintain lane following the incident. The plaintiff reported suffering physical injuries requiring medical treatment and ongoing pain.

The plaintiff filed a lawsuit against the defendant, alleging a breach of duty to operate a vehicle lawfully and prudently, which directly caused her injuries, pain, and medical expenses. The plaintiff sought compensation for past and future pain and suffering, medical bills, and attorney's fees. The defendant denied breaching any duty, arguing that the collision and the plaintiff's damages were proximately caused by the negligence of a third party outside of his control.

On June 14, 2022, a jury found in favor of the plaintiff. The jury initially allocated fault between the defendant and a non-party. An initial judgment on June 17, 2022, awarded the plaintiff $10,450.75, representing 85% of the total verdict amount of $12,295.00. However, the plaintiff filed a motion for reconsideration, arguing that damages could not be reduced based on non-party fault when only a single defendant was present at trial, citing that the relevant state law (O.C.G.A. § 51-12-33) applied to cases filed after May 13, 2022. The court granted this motion on June 24, 2022, vacating the initial judgment and entering an amended judgment that awarded the plaintiff the full verdict amount of $12,295.00.