Galawezh Showan was stopped at a red light when a Krispy Kreme employee driving in the course of work rear-ended her. A jury awarded her three hundred thirty thousand dollars for her injuries. The Eleventh Circuit affirmed some rulings but vacated the judgment and remanded for a new trial. The court held that the pleadings and evidence required further treatment of causation, damages, and the defendants’ defenses, and that the district court improperly decided as a matter of law whether the pleadings were frivolous for purposes of Georgia’s offer-of-settlement statute. Under that statute, the factfinder rather than the judge must determine frivolity, and the prevailing party is entitled to a requested hearing. Because the same factfinder must decide the merits and the statutory issue, a new trial was required. The published decision is notable for its treatment of a substantial personal-injury verdict and the procedural relationship between a merits trial and statutory attorney-fee litigation.