May 5, 2025. Partner Joseph Kaiser wins Summary Judgment in a car vs. Pedestrian case which was pending in the State Court of Cobb County.
This incident giving rise to the suit occurred on the evening of February 16, 2023 on South Marietta Parkway in Cobb County Georgia. According to the police report, the Plaintiff was walking north across South Marietta Parkway when he was struck by the Defendant in the far right lane. The Plaintiff was cited for not crossing at a crosswalk. The area in which the pedestrian was struck was posted with signs which prohibited pedestrian crossing. The area was further located between two available crosswalks. In his deposition the Plaintiff testified he had crossed the road from Little Caesars to get a drink at Quiktrip and was crossing back to Little Caesars when he was struck. The Defendant testified he was travelling home from dropping his son off at soccer practice. 
He was familiar with the area and as he was driving in the right hand lane, he struck something. He stopped and rendered aid to the Plaintiff and waited for first responders to arrive.
Plaintiff filed a Complaint for personal injury alleging that Defendant Failed to Yield, exceeded the speed limit sand was driving too fast for conditions. Plaintiff further claimed Defendant’s conduct was wanton and willful and gave rise to a claim for punitive damages. Plaintiff further claimed the Defendant was stubbornly litigious and sought attorney’s fees under O.C.G.A. 13-6-11.
The parties conducted discovery including depositions and no evidence was deduced that indicated the Defendant was speeding or driving too fast for conditions much less violated any traffic laws. The Plaintiff acknowledged in his testimony that the area in question was marked with signs prohibiting pedestrian crossing and that he had crossed where he did because it was more expedient.
At the conclusion of fact discovery, Mr. Kaiser moved for summary judgment citing the overwhelming body of Georgia Law that simply because an accident occurs and a plaintiff is injured does not provide grounds for recovery unless the plaintiff meets their burden of proof and demonstrates that the accident was caused by specific negligent acts of the defendant. (See Moore v. Camara, 317 Ga. App. 651, 653, 732 S.E.2d 319 (2012). ) Further as recently as February 2025, the Court of Appeals had affirmed summary judgment in a case with similar facts finding that the plaintiff in that case failed to present sufficient evidence of defendant’s negligence that could have caused the accident. The court specifically noted in that case that defendant was driving within the speed limit and had his headlights on. Moreover, the court found no evidence to suggest that defendant was distracted or failed to take appropriate action. This further reinforces the appropriateness of granting summary judgment in the present case, as Plaintiff has similarly failed to establish the requisite evidence of negligence. (See Glover v. Moore, No. A24A1698, 2025 Ga. App. LEXIS 82 (Ct. App. Feb. 26, 2025)).
After considering the Motions and Briefs, Judge Eric Brewton of the State Court of Cobb County granted Defendant’s Motion for Summary Judgment.
The case is Osvaldo Sobrinho v. Benjamin Persons, State Court of Cobb County, Civil Action File No. 23-A-2443.
The Order can be found here.
Read more about Attorney Joseph Kaiser here.
Read more about GMKE at http://www.gmke.law.
