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Smith v. Stoddard

The plaintiff could not recover attorneys' fees and expenses from his UM insurer under O.C.G.A. § 13-6-11 based on the underlying defendant's bad faith and stubborn litigiousness.

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In this personal injury action, David Smith appeals from the trial court’s order granting partial summary judgment in favor of State Farm Insurance Company, his uninsured motorist “UM” insurer, as to his claim for attorney fees and expenses under OCGA § 13-6-11. Smith also appeals the trial court’s order granting State Farm’s motion in limine to exclude evidence of his charitable activities. For the reasons that follow, we discern no error and affirm. “On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law.” Nghiem v. Allstate , __Ga. App.__, 1 Case No. A08A0020, decided July 9, 2008.

So viewed, the record shows that Smith filed this personal injury action against John Stoddard, alleging that he was injured during a motor vehicle accident caused by Stoddard’s negligence in driving recklessly and while intoxicated. In addition to seeking damages for bodily injury, Smith sought attorney fees and expenses under OCGA § 13-6-11, alleging that Stoddard had acted in bad faith and had been stubbornly litigious. Stoddard filed an answer that admitted he had breached a duty in causing the accident, but otherwise failed to admit Smith’s remaining allegations.

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