Law.com Examines How Georgia's New Tort Rules Shaped an $8.2 Million Truck Verdict
Fried Goldberg partner Brian T. Mohs recently spoke with Law.com about an $8.2 million Henry County verdict and the unexpected ways Georgia's new tort-reform rules affected the trial.
The verdict arose from a 2022 tractor-trailer crash that left Priscilla Jones trapped beneath the truck for more than 30 minutes and caused permanent injuries. Mohs and co-counsel Cooper Spence represented Jones through a bifurcated jury trial in Henry County State Court.
Our law firm previously detailed the July 2026 verdict and the evidence presented at trial. The new Law.com report takes a closer look at how Georgia's recently enacted tort-reform provisions changed the way the case was presented to the jury.
- $8.2 Million Verdict: The jury awarded $8 million for past and future pain and suffering plus $208,774.22 in past medical expenses.
- Liability Was Tried First: Georgia's new bifurcation provision separated liability and damages into two phases.
- Fault Was Split Between The Defendants: Jurors assigned 70% of the fault to Mayani Trucking and 30% to driver Habib Baynah.
- Evidence Destruction Became A Major Issue: The court found that Mayani Trucking willfully failed to preserve evidence after receiving a preservation request.
- The Case Remains Active: The defendants have filed an appeal, while Jones' attorneys have filed a motion seeking attorney fees based on a rejected 2024 settlement demand.
Georgia's Bifurcation Rule Changed How The Case Was Tried
One of the most significant changes came from O.C.G.A. § 51-12-15, Georgia's new bifurcation provision. The statute allowed the defense to separate the trial into an initial liability phase followed by a second phase addressing compensatory damages.
That required the plaintiff's team to restructure its presentation.
Instead of developing liability and damages together, Mohs and Spence first had to prove who was responsible for the crash before presenting the full extent of Jones' injuries and losses.
Mohs told Law.com that the change ultimately produced an unexpected advantage: "The bifurcation of liability and damages into separate phases allowed the jury to focus on these issues separately."
During phase one, jurors heard from an eyewitness, the truck driver, and a representative of Mayani Trucking. The defense acknowledged that its clients' conduct caused the collision but contested negligence and legal responsibility.
After approximately an hour of deliberations, jurors assigned 70% of the fault to Mayani Trucking and 30% to Baynah.
The Destruction Of Trucking Evidence Became Central To The Liability Case
The trial also showed why preserving truck-crash evidence can become one of the most important parts of a commercial vehicle case.
According to the Law.com report, plaintiff's counsel had sent Mayani Trucking notice requesting that evidence related to the collision be preserved. Trial testimony established that the company later destroyed the truck and incinerated company records.
The trial judge found that Mayani Trucking had willfully spoliated evidence and instructed the jury that it could presume the destroyed material would have been harmful to the trucking company.
Plaintiff's counsel then showed jurors categories of maintenance, training, hours-of-service, and load records that motor carriers are required to maintain. Because those records had been destroyed, the company could not use them to demonstrate compliance with the trucking safety requirements at issue.
That sequence reflects why Fried Goldberg sends detailed preservation demands early in serious trucking cases. Electronic data, maintenance documents, training records, driver files, vehicle components, and other evidence can disappear quickly unless the carrier is placed on notice to preserve it.
The Second Phase Focused Entirely On What The Crash Took From Jones
After liability was established, the trial moved to damages.
The evidence showed that Jones suffered multiple fractures, a collapsed lung, a knee injury, and other permanent effects from the collision. She had worked as a hospice-care certified nursing assistant before the crash but was unable to return to the career she found fulfilling.
During the damages phase, the plaintiff's team used testimony from Jones' friends and former coworkers, testimony from treating physicians, medical animation, and video of first responders using rescue equipment to remove her from the wreckage.
The jury ultimately awarded $8 million for past and future pain and suffering and $208,774.22 for past medical expenses.
That verdict followed several unsuccessful efforts to resolve the case before trial. Jones' attorneys had made a $2.3 million demand in 2024. According to Law.com, the defense later offered $600,000 approximately five months before trial and then offered the remaining insurance limits of just over $987,000 during jury selection.
Tort Reform Did Not Eliminate The Jury's Role In Valuing A Serious Injury
The Law.com coverage is particularly noteworthy because Georgia's recent tort-reform changes were intended to alter how injury cases are tried. In this case, though, Mohs explained that some of the procedural changes created consequences the defense may not have anticipated.
Bifurcation allowed the jury to decide responsibility before hearing the full damages presentation. Once the case reached phase two, the jurors could focus on Jones' injuries, her loss of independence, her inability to return to work, and the physical and emotional effects of what she had endured.
The result also illustrates a point that remains important after any legislative change: jurors still evaluate what credible evidence shows about the effect of a catastrophic injury on a real person's life.
Brian Mohs Prepares Commercial Vehicle Cases For Trial From The Beginning
Brian Mohs is a Fried Goldberg partner and trial attorney whose national practice focuses on catastrophic commercial motor vehicle collisions. He prepares each case for trial, develops a case-specific strategy, and works closely with clients throughout the litigation process.
The Henry County case reflects that approach. The litigation involved disputed liability, destruction of evidence, major permanent injuries, changing Georgia trial procedures, and an insurer that declined multiple opportunities to resolve the case before the jury returned its verdict.
At Fried Goldberg LLC, we focus more than 95% of our practice on commercial vehicle accident litigation. Our attorneys investigate trucking companies, drivers, maintenance and safety records, electronic evidence, insurance coverage, and the other factors that can determine responsibility after a catastrophic commercial vehicle crash.
Our verdicts and settlements reflect decades of work on serious trucking and commercial vehicle cases throughout Georgia and across the country.
If you or a family member suffered serious injuries in a truck or commercial vehicle crash, contact Fried Goldberg LLC for a free, confidential consultation. Plaintiff's attorneys may also contact our firm to discuss co-counsel or referral assistance in a commercial motor vehicle case.
“Brian thoroughly handled every aspect of my case with quality care. His experience and superior research and analytics greatly benefited the outcome of my case. He is delightfully personable and especially easy to trust. I recommend him highly if you should need an incredibly competent trucking attorney!” — H. Hicks, ⭐⭐⭐⭐⭐