The jury awarded $1 million for the woman’s pain and suffering, $500,000 for the full value of her life, $1 million in punitive damages, and $300,000 for attorneys’ fees and expenses under O.C.G.A. § 13-6-11.
The defendant nursing home reportedly received at least 32 prior complaints of fire ants within its facility but failed to address the issue. The defense argued that the pustules were caused by new-onset shingles and not by fire ant bites.
O.C.G.A. § 13-6-11
O.C.G.A. § 13-6-11 provides: “The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.”
The plaintiff had also made an offer of settlement pursuant to O.C.G.A. § 9-11-68(b).
O.C.G.A. § 9-11-68
O.C.G.A. § 9-11-68 provides, in part:
(a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer and to enter into an agreement dismissing the claim or to allow judgment to be entered accordingly. Any offer under this Code section must:
(1) Be in writing and state that it is being made pursuant to this Code section;
(2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made;
(3) Identify generally the claim or claims the proposal is attempting to resolve;
(4) State with particularity any relevant conditions;
(5) State the total amount of the proposal;
(6) State with particularity the amount proposed to settle a claim for punitive damages, if any;
(7) State whether the proposal includes attorney’s fees or other expenses and whether attorney’s fees or other expenses are part of the legal claim; and
(8) Include a certificate of service and be served by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5.
(b) (1) If a defendant makes an offer of settlement which is rejected by the plaintiff, the defendant shall be entitled to recover reasonable attorney’s fees and expenses of litigation incurred by the defendant or on the defendant’s behalf from the date of the rejection of the offer of settlement through the entry of judgment if the final judgment is one of no liability or the final judgment obtained by the plaintiff is less than 75 percent of such offer of settlement.
(2) If a plaintiff makes an offer of settlement which is rejected by the defendant and the plaintiff recovers a final judgment in an amount greater than 125 percent of such offer of settlement, the plaintiff shall be entitled to recover reasonable attorney’s fees and expenses of litigation incurred by the plaintiff or on the plaintiff’s behalf from the date of the rejection of the offer of settlement through the entry of judgment.
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Georgia or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home understaffing, nursing home resident-on-resident attack, nursing home sexual abuse, nursing home rape, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home claim lawyer in Georgia or in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.
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