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September 13, 2021 – Associate Attorney Ryan O. Bell won summary judgment on behalf of his client in Gwinnett County in a case arising from an automobile accident.
This case arose from a subrogation action initiated by Mr. Bell’s client to recover damages against a Defendant driver stemming from an automobile accident that took place on August 19, 2019. Defendant Taj Mack filed a counterclaim to recover property damage costs for his own vehicle against the carrier.
Deposition testimony revealed that the Plaintiff’s insured and the Defendant in the underlying tort case were travelling in the left-hand turn lane on Habersham Road when the Defendant attempted to make an illegal U-turn. As a result, the State Farm’s insured rear-ended the Defendant. Both parties were cited by responding law enforcement. However, Defendant admitted during his deposition that he was 50% at fault for causing the subject accident.
Mr. Bell moved for summary judgment as to Defendant’s counterclaim indicating that since Defendant had admitted to being 50% liable for causing the subject accident, he was barred from any recovery as a matter of law. Judge Ronda Colvin Leary of the State Court of Gwinnett County granted summary judgment indicating that Defendant was barred from recovering any damages under Georgia law due to his own admission to being 50% at fault for causing the subject accident.
The case is State Farm Mutual Automobile Insurance Company A/S/O Jeffrey Scofield v. Taj Mack
State Court of Gwinnett County, CAFN: 20C-00337-S4