On October 15, 2026, the Court of Appeals of Georgia reversed a lower court's ruling in the case of Blair Huntley v. Onika Miller, docket number A26A1710. The court's decision allows Huntley to continue her claim for attorney fees following a car accident where Miller admitted fault. This ruling is significant as it clarifies the standards for awarding attorney fees in personal injury cases, particularly regarding the concept of bad faith.
The dispute began after a collision on March 23, 2023, when Huntley was stopped at a red light on South Atlanta Road in Cobb County. Miller, driving behind Huntley, failed to brake in time and crashed into Huntley’s vehicle. Following the accident, Miller received a traffic citation for following too closely. Huntley subsequently filed a personal injury lawsuit against Miller, claiming negligence and seeking damages, including attorney fees under OCGA § 13-6-11.
In her response to Huntley’s claims, Miller admitted fault for the accident but disputed the extent of Huntley’s injuries. During her deposition, Miller revealed she suffers from an astigmatism that affects her vision and that she was not wearing her prescribed glasses at the time of the accident, despite knowing she needed them for safe driving. This detail became central to the case, especially regarding Huntley’s claim for attorney fees based on Miller's alleged bad faith.
After the discovery phase, Miller filed a motion for partial summary judgment, arguing that there was no evidence of bad faith on her part that would justify awarding attorney fees to Huntley. However, Huntley’s attorney did not appear at the scheduled hearing for this motion. The trial court granted Miller's motion based on this absence and stated that “good cause” had been shown under Uniform Superior Court Rule 5.1.
Huntley later filed an emergency motion for reconsideration, claiming her attorney had not received notice of the hearing. The trial court denied this motion, leading to Huntley’s appeal. The Court of Appeals found that the trial court had erred in granting summary judgment based solely on the absence of Huntley’s counsel.
The court ruled, “Failure to appear at a hearing is not a sufficient basis for the grant of summary judgment.” It emphasized that the burden remains on the moving party—in this case, Miller—to demonstrate that there is no genuine issue of material fact regarding bad faith. The court noted that the trial court did not address the merits of Miller's motion and that there was sufficient evidence to create a jury question regarding whether Miller acted in bad faith.
In its opinion, the court highlighted that Miller’s decision to drive without her glasses, despite knowing her vision was impaired, could be viewed as an indication of conscious indifference to the consequences of her actions. This could support a finding of bad faith, which is necessary for Huntley to recover attorney fees under OCGA § 13-6-11.
The ruling is significant for personal injury law in Georgia as it clarifies that summary judgment cannot be granted solely based on a party's failure to appear at a hearing. It also underscores the importance of evaluating the merits of claims related to bad faith in personal injury cases. The court's decision allows Huntley to pursue her claim for attorney fees, which could have broader implications for similar cases in the future.
Moving forward, the case will return to the lower court for further proceedings. This ruling opens the door for Huntley to present her case regarding Miller's alleged bad faith to a jury. The court's decision also serves as a reminder that all parties must be diligent in ensuring they are informed of court proceedings to avoid unfavorable outcomes.
As of now, it is unclear if Miller will seek to appeal this ruling. There are no related cases pending that have been mentioned in the court filing.