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Morrison v. Kicklighter

There was no evidentiary support for the jury verdict in favor of the defendant, as he admitted liability and the only issue in the first phase of the trial was the plaintiffs' claim for damages.

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Charles, Suzette, and Thomas Morrison sued Steve Kicklighter to recover property damage allegedly caused when Kicklighter negligently backed his vehicle into the Morrisons’ parked truck. The Morrisons sought to recover the cost of repairing damage to the truck, the diminished value of the repaired truck, and the cost of a rental vehicle during the repairs. On the basis that these losses were covered by a liability insurance policy on Kicklighter’s vehicle issued by State Farm Mutual Automobile Insurance Company, the Morrisons also brought the action pursuant to OCGA § 33-4-7 against State Farm as an unnamed party seeking to recover penalties and attorney fees against State Farm for allegedly failing to make a good faith effort to adjust and settle their pre-trial demand for payment of the covered losses.1

Under OCGA § 33-4-7 d,

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