The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Juniorv.Graham

CourtSupreme Court of Georgia
Docket No.S21G0578
DecidedMarch 8, 2022
Reporter357 Ga. App. 815
JudgesSupreme Court of Georgia
Tags
CivilTort LawCivil ProcedureStatutory InterpretationDamagesReversalRemand
Case Summary

Joao Junior sued Sharon Graham for injuries from a car accident and sought compensatory damages, punitive damages, and attorney fees and litigation expenses. Before trial, he made a statutory settlement offer that Graham did not accept. A jury awarded Junior substantial compensatory damages and fees under one Georgia statute, and Junior later sought the additional fee-and-expense sanction provided by the settlement-offer statute. The Court of Appeals of Georgia treated the earlier award as a setoff. The Supreme Court of Georgia reversed. It held that the two statutes authorize different recoveries: one compensates or penalizes pre-litigation conduct such as bad faith or stubborn litigiousness, while the other imposes a post-offer litigation sanction when the statutory conditions are met. Receiving an award under the first statute did not mean that Junior had not incurred fees and expenses for purposes of the second. The case was remanded to the trial court for reconsideration of the additional fee claim.

Opinion

Loading published copy…

The Far Side