Car Crash

A relatively minor wreck in Eastman where both parties drove their vehicles from the scene ballooned into a jury verdict and judgment for nearly $430,000, including $31,000 in attorney fees and expenses awarded post-trial.

Dublin solo C. Mitchell Warnock said the "classic eggshell plaintiff case" could have been settled pretrial for $64,000, but the defendant driver's insurer, Farm Bureau, refused.

The defendant driver is represented by William Noland and Virginia Josey of Macon's Noland Law Firm.

Noland said Warnock "tried a great case."

"I appreciate Mitch's skill and professionalism. We are still weighing our options in regard to post-trial remedies," he said via email.

According to Warnock and court filings, his client, Tommy Hogue, was 62 years old and had some medical problems including hypertension, osteoarthritis in his shoulder, and required dialysis.

Hogue was driving his Toyota Tundra pickup through Eastman in 2016, traveling behind a GMC Acadia SUV driven by Catherine Harrington.

Harrington pulled into a left-turn lane and Hogue continued straight, and was beside the SUV when it suddenly turned right and he hit it, Warnock said.

"She claimed she had to swing wide to make the turn," Warnock said. "My client maintained his lane and was able to get beside her when she turned in front of him. We had a witness who also thought she was turning left."

Harrington was cited at the scene and both drivers left, he said.

"There was not much damage to the vehicles at all," Warnock said.

Hogue experienced immediate pain in his left shoulder and was ultimately found to have a torn rotator cuff, Warnock said. Hogue's claimed medical expenses at trial topped $15,000.

Hogue and his wife sued Harrington in Dodge County Superior Court.

"There was a $250,000 policy," Warnock said. "We made a policy-limit demand at first, then later on made an offer of judgment for $64,000."

"Their best offer was $28,5000 before trial, and $35,000 during trial," he said. "We offered a high-low during trial, but they said no."

During a two-day trial before Judge Howard Kaufold Jr., Warnock said the defense insisted that Hogue was at least partly at fault for the wreck. The defense portion of the pretrial order indicated that issues included contributory negligence and whether all of Hogue's claimed medical expenses were related to the wreck.

"They disputed liability all the way," Warnock said. "It was clear the defendant was at fault, but they put all their eggs in the liability basket."

After two days of trial, the jury retired to deliberate, and Warnock said there was more than a little drama.

After less than three hours, the panel sent out a note saying they were hung and needed a break, "so they took a break and had a smoke."

After another hour or so, they again said they were hung, and Kaufold issued an Allen or "dynamite" charge urging them to keep working.

"So he sent them home about 5:45 and they came back the next morning and started at 9, and about 9:45 they had a verdict," Warnock said.

When the jury came in and handed over the verdict, they had written that they found for the plaintiff, but that Hogue was responsible for 15% of the liability.

But the second page, where the amounts for damages were to be listed, was blank.

Kaufold excuse the jury and asked the lawyers what they wanted to do.

"I objected to the verdict form," Warnock said. "The defense got excited and said they didn't mean to give us any money."

The judge called the jury back in and instructed then to either award dollar figures or write in zero, he said, and they again retired.

"In about seven minutes they were asking for a calculator, and in about 20 minutes they had their verdict," he said.

The jury awarded $476,924 in damages to Hogue and his wife. After reducing it by 15%, the total was $397,735.

Warnock said they parties then started wrangling over the attorney fees he was entitled to seek under Georgia's offer of settlement statute because the defense turned down the $64,000 offer.

"They knew attorney fees were going to be awarded; we arrived at $31,000 as somewhat of a compromise," Warnock said. "We wanted to get the judgment filed and entered."

On Oct. 20, a judgment order was entered that, after additional costs and expenses were added, totaled $429,355.

"That was pretty big verdict for a case like this in little old Dodge County," Warnock said.