Lindsey v. Clinch County Glass Inc.

The defendant admitted that at the time of the collision he was being inattentive because he was looking for a number on his mobile phone and the evidence showed that he had a pattern of regularly talking on the phone while driving, but because the proper use of a cell phone while driving is permissible in Georgia, the evidence did not establish a policy or pattern of dangerous driving and thus did not authorize a punitive damages award.

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Appellants Rebecca Joyann Lindsey and Ted Lindsey brought suit against appellees William Holtzclaw and Clinch County Glass, Inc. after Holtzclaw’s truck collided with Rebecca Lindsey’s vehicle while she was stopped at a red light, causing her to strike the vehicle in front of her. In addition to seeking general and special damages for Rebecca Lindsey’s alleged injuries and loss of consortium, the Lindseys also asserted a claim for punitive damages. The defendants filed a motion for partial summary judgment on the punitive damages claim, and the trial court granted the motion as to that claim only. The Lindseys appeal. The pertinent facts are undisputed. At the time of the accident, Holtzclaw was the principal of Clinch County Glass, which is a glass installation company. Holtzclaw spent about eight to ten hours of his working day driving; he traveled approximately 100,000 miles a year. Holtzclaw often used his phone while driving and had installed a desk in his truck and mounted his phone on the desk, allowing him to talk hands free into a speakerphone.

At the time of the accident, Holtzclaw was driving his truck to meet a contractor and had started manually searching for a number to call after completing another call. Because he was being inattentive, he failed to notice that traffic was stopped at a red light in front of him until it was too late to avoid colliding with Rebecca’s car. Holtzclaw admitted to the responding officer that he was looking for a number on his phone at the time of the collision and not paying attention; defendants admitted being at fault for the collision in the answer they filed to the complaint.

Lindsey v. Clinch County Glass Inc.

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