Phased Trials — Injury Evidence Admissible to Prove Fault; Employer Remained Liable for Driver’s Negligence

Transcontinental Carriers, Inc. v. Bennett, No. A26A1643, 2026 WL 2653790, __ S.E.2d __ (Ga. Ct. App. Sept. 9, 2026). The court (Barnes, P.J.; Markle and Hodges, JJ., concur) affirms a $7 million damages verdict and $1,546,500 attorney fee award in a trucking injury action. Under OCGA § 51-12-15, evidence of the extent and persistence of injuries was admissible in the first phase because fault includes proximate causation of specific injuries; monetary compensation remained for the second phase. Id. at **2–4. The driver’s knowing disregard of the danger of driving without required insulin supported bad faith fees under OCGA § 13-6-11. Testimony that a percentage fee was reasonable and customary was permissible where the contingency agreement itself was not introduced. Id. at *5. The employer’s respondeat superior liability also prevented reducing its responsibility to its separate 70% fault allocation. Id. at *6.

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