Anderson by Phillips v. Smith, Nos. A26A0588, A26A0589, 2026 WL 1857252, __ S.E.2d __ (Ga. Ct. App. June 25, 2026). The court (Barnes, P.J.; Markle and Hodges, JJ., concur) affirms both the judgment entered on a defense verdict and the denial of the defendant's request for attorney fees under OCGA § 9-11-68. The court held that a sudden emergency charge was proper because the defendant's testimony provided at least slight evidence that he faced an emergency requiring a choice among alternative courses of action; Georgia law permits the charge when there is any evidence to support it. Ms.** 2–4. The court also held that the trial court did not err in denying fees after finding the defendant's $75,000 settlement offer was not made in good faith where the plaintiff's damages included permanent injury and medical bills exceeding $500,000. Ms.** 4–7.
