Georgia Court Of Appeals Upholds Massive $82+ Million Verdict In Wrongful Death Case — Remands Only Attorney Fees Award

In a major decision released June 29, 2026, the Georgia Court of Appeals affirmed a jury’s enormous verdict in a wrongful death lawsuit stemming from a tragic 2018 auto accident. The case, Simmons v. Watson et al. (A26A0426), involved the family and estate of Deborah Bates, who suffered catastrophic injuries and died after being struck by a driver who ran a stop sign at high speed while under the influence of multiple prescription medications.

The jury awarded the Bates family and estate more than $82 million total, including compensatory damages, punitive damages, and attorney fees. The Court of Appeals upheld nearly all of it — including the compensatory and punitive awards — but vacated the $30 million attorney fees portion because the evidence presented to support the exact amount was insufficient. The case was remanded for further proceedings on the fees only.

The Facts Of The Accident

In July 2018, defendant Judy Simmons was driving with her son when she ran a stop sign at an excessive rate of speed. Her vehicle struck Deborah Bates’s car, causing it to crash into trees. Bates had to be extricated by emergency crews. She remained conscious initially but suffered gruesome, life-threatening injuries. After nearly five months in the hospital, she died from those injuries.

Simmons had taken multiple medications the night before and day of the crash — including Ambien, Xanax, and Zoloft — yet she denied taking any medications to police at the scene and later to hospital staff. She ultimately pled guilty to second-degree vehicular homicide and a stop-sign violation.

Simmons had a prior 2012 DUI conviction involving similar prescription medications (Xanax, Ambien, Zoloft, muscle relaxers, and pain meds). She received probation and community service for that earlier offense.

What Happened At Trial

The trial was bifurcated (and ultimately trifurcated). In the first phase, the jury heard evidence of Simmons’s negligence, her medication use on the day of the crash, and the devastating impact on Deborah Bates. The jury awarded:

• $18 million to Bates’s estate
• Over $3 million for medical and funeral expenses
• $25 million for wrongful death

In the second phase, the jury awarded $1 million in punitive damages after finding Simmons acted under the influence of medications to a degree that impaired her judgment. The jury also found Simmons acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense — clearing the way for attorney fees under OCGA § 13-6-11. The jury awarded $30 million in attorney fees.

The Appeal And Key Rulings

Simmons appealed, raising three main issues:

1. Prior 2012 DUI admitted for impeachment
   The trial court initially excluded the prior DUI but later allowed it after Simmons gave inconsistent testimony about how long she had been taking Ambien. The Court of Appeals found any error in admitting the prior DUI was harmless. Simmons had already admitted taking the same medications on the day of the crash, knowing their side effects, and continuing to drive while on them. The jury had plenty of other strong evidence of her conduct and credibility issues.
2. “Golden Rule” argument in closing
   Plaintiffs’ counsel used a “hiring committee” analogy, asking jurors to imagine what compensation Deborah Bates would have demanded to voluntarily suffer her horrific injuries and death. Simmons objected, arguing it improperly asked jurors to put themselves in the victim’s shoes. The Court of Appeals called it a “close call” but ruled any error was harmless because the trial court properly instructed the jury on how to value wrongful death damages from the deceased’s perspective, and the evidence of Bates’s suffering was overwhelming.
3. Attorney fees award
   This was the only issue where Simmons prevailed. Plaintiffs’ counsel testified about a 40% contingency fee agreement (described as usual and customary), “thousands of hours” worked (an “absolute guess” of maybe 4,000 hours), and his own $1,900 hourly rate. However, there was no detailed breakdown of hours worked by specific attorneys or staff, no rates for other timekeepers, and no supporting documentation beyond the contingency agreement itself.

The Court of Appeals held this evidence was insufficient under Georgia law to support the $30 million award. It vacated the fee award and remanded the case for further proceedings on the proper amount of fees.

Key Takeaways From This Decision

• Large verdicts in impaired-driving wrongful death cases can stand when there is strong evidence of negligence, knowledge of risk, and conscious disregard for others’ safety.
• Prior bad acts can sometimes come in for impeachment if the defendant opens the door with inconsistent testimony.
• “Golden Rule” arguments remain risky and are best avoided, even if they don’t always result in reversal.
• Attorney fee awards under OCGA § 13-6-11 require solid evidence of the actual value of services rendered — not just a contingency percentage and a rough estimate of hours. Detailed time records, affidavits, and testimony about specific work performed by each timekeeper are critical.

This case demonstrates both the power of a well-prepared plaintiff’s case in a tragic impaired-driving death and the importance of properly documenting and proving attorney fees when seeking recovery under Georgia’s bad-faith/statutory fee statute.

If you or a loved one has been seriously injured or lost a family member in a car accident caused by another driver’s negligence or impairment, the experienced Georgia injury lawyers at the Law Offices of George Creal can help. We have extensive experience handling complex wrongful death and catastrophic injury cases across Georgia.

Contact Georgia Injury Lawyer George Creal today for a free consultation:

www.georgialawyer.com
(770) 961-5511

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