Georgia Department of Corrections v. Couch
Supreme Court of Georgia
1Opinion of the Court
Nahmias, Justice.
David Lee Couch filed a tort lawsuit against the Georgia Department of Corrections. After the Department rejected Couch’s offer to settle the case for $24,000, the case proceeded to trial, where the jury returned a verdict for Couch in the amount of $105,417. Based on Couch’s 40% contingency fee agreement with his attorneys, the trial court ordered the Department to pay Couch $49,542 in attorney fees — 40% of his total recovery, after appeal, including post-judgment interest — as well as $4,782 in litigation expenses, pursuant to the “offer of settlement” statute, OCGA §…
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