Knobeloch v. Mustascio

ORDER

SHOOB, District Judge.

This matter is before the Court on defendant’s motion for judgment notwithstanding the verdict (“JNOV”) and for new trial. The jury returned a verdict for plaintiff, who sustained permanent injuries in an auto accident caused by defendant. At the time of the accident, defendant was driving with a blood alcohol content of .23%, much above the .10% level at which Georgia law presumes a driver to be intoxicated. See O.C.G.A. § 40-6-391. The jury awarded plaintiff $45,000 in general damages, $10,000 in loss of future earnings, and $20,000 in attorney’s fees.

Defendant…