Lovev.McKnight
CourtSupreme Court of Georgia
Docket No.S24G0371
DecidedMarch 4, 2025
Reporter321 Ga. 196; 913 S.E.2d 614; 2025 Ga. LEXIS 48; 2025 LX 59612; 2025 WL 676631
JudgesBOGGS, Chief Justice. All the Justices concur.
Tags
CivilTort LawAutomobile CollisionAttorney FeesOCGA 13-6-11Bad FaithCertiorari Review
Case Summary
Anthony Love rear-ended John McKnight in stop-and-go Interstate 20 traffic; McKnight sought litigation expenses under OCGA § 13-6-11, relying on alleged traffic violations and possible distracted driving. The Supreme Court of Georgia held that traffic-law violations alone do not create a jury question on statutory bad faith: the statute requires culpable conduct beyond ordinary negligence, such as intentional wrongdoing or conscious indifference tied to the transaction. Because the evidence showed, at most, negligent driving, the Court reversed the Court of Appeals.
Opinion
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