Anderson v. Cayes

SMITH, Presiding Judge.

This is an appeal from a jury verdict and judgment in favor of plaintiff Kristen Cayes in a personal injury action arising from a rear-end collision. In his sole enumeration of error, defendant Ronald Anderson appeals from the jury’s separate award of the costs of litigation under OCGA § 13-6-11, contending that the evidence did not support such an award and that the trial court erred in denying his motion for directed verdict on this issue. We agree and reverse.

*593OCGA § 13-6-11 permits the jury to award attorney fees “where the defendant has acted in bad faith, has been…