Capes v. Bretz

Birdsong, Judge.

Marie Capes sued Virginia Bretz to recover damages for injuries sustained in an automobile accident. At the time of the accident, Capes was driving her husband’s car which was insured under an automobile insurance policy providing basic personal injury protection (PIP) coverage required by OCGA § 33-34-4 (a) (2). She was also an insured (within the policy definitions of that term) on another automobile insurance policy providing the required basic PIP coverage for her husband’s pickup truck.

Although the jury returned a verdict in her favor for $10,250, Capes appeals because…