IN THE SUPERIOR COURT OF COWETA COUNTY

STATE OF GEORGIA

FLORENCE EGBOSIUBA, )
) CIVIL ACTION
Plaintiff, ) FILE NO.
)
)
v. ) JURY TRIAL DEMANDED
)
)
SIDNEY MCWATERS, )
)
Defendant. )

COMPLAINT FOR DAMAGES

COMES NOW, the Plaintiff, Florence Egbosiuba (hereinafter referred to as "Plaintiff"),

by and through her undersigned counsel, and files this Complaint for Damages against the

Defendant, Sidney McWaters (hereinafter referred to as "Defendant"), showing the Court as

follows:

PARTIES AND JURISDICTION

1. Plaintiff is a resident of the state of Georgia, and submits herself to the jurisdiction of this

Court.

2. Defendant Sidney McWaters is a resident of Coweta County, Georgia, and may be served

with process at 224 Florence Dr, Newnan, GA 30263-6203.

3. Jurisdiction and venue are proper in this Court pursuant to Article VI, Section II,

Paragraph VI of the Georgia Constitution.

 FACTS

4. On or about March 17, 2023, at approximately 6:53 PM, Plaintiff was a pedestrian in the

parking lot located at 1255 W HWY 54 in Fayetteville, Fayette County, Georgia.

5. At the same time and location, Defendant was operating a 2014 Toyota Corolla and was

in the process of exiting the parking lot, entering a travel lane within the same parking lot.

6. Due to Defendant's negligence, their vehicle collided with Plaintiff, causing significant

injury while Defendant was maneuvering in the parking lot.

7. As a result of the impact, Plaintiff was knocked off her feet and fell onto her left side.

8. Following the collision, Plaintiff sustained significant injuries and was transported to the

emergency room for immediate medical attention.

9. All of Plaintiff’s injuries and damages were proximately caused by the recklessness,

carelessness, negligence, and negligence per se of Defendant.

10. Defendant is liable for the injuries and damages sued for herein, as these acts and

omissions were the proximate cause of Plaintiff’s injuries and damages.

COUNT I: NEGLIGENCE

11. Defendant had a duty to operate his vehicle with reasonable care and caution for the

safety of others, including pedestrians, within the parking lot.

12. Defendant breached this duty by failing to exercise the appropriate standard of care,

resulting in the collision with Plaintiff.

13. Defendant acted with recklessness, carelessness, negligence, and negligence per se in one

or more of the following respects:

 (a) Defendant failed to yield to a pedestrian and maintain a vigilant lookout in

violation of O.C.G.A. § 40-6-91(a);

(b) Defendant failed to yield to a pedestrian in a driveway in violation of O.C.G.A. §

40-6-144;

(c) Defendant failed to exercise due care in relation to Plaintiff, a pedestrian, in

violation of O.C.G.A. § 40-6-93;

(d) Defendant failed to maintain control of his motor vehicle;

(e) Defendant failed to exercise ordinary care in the operation of a motor vehicle;

(f) Defendant drove the vehicle in reckless disregard for the safety of persons or

property;

(g) Defendant failed to keep a proper lookout for pedestrians lawfully walking in the

parking lot;

(h) Defendant failed to drive prudently;

(i) Defendant failed to see what he should have seen;

(j) Defendant drove too fast for conditions;

(k) Defendant committed other violations of Georgia’s rules of the road and other acts

or omissions not currently known to Plaintiff but which may become known prior to or at the

time of trial.

14. As a direct and proximate result of Defendant's negligence, Plaintiff suffered severe

personal injuries, incurred medical expenses, and experienced pain and suffering.
 COUNT II: NEGLIGENCE PER SE

15. Plaintiff re-alleges and incorporates by reference all those facts and allegations in

paragraphs 1 through 14 above as if fully set forth herein.

16. Defendant's actions on March 17, 2023, as described herein, constitute negligence per se

under Georgia law.

17. Specifically, Defendant violated the following statutes:

(a) O.C.G.A. § 40-6-91(a): Defendant failed to yield to a pedestrian and maintain a

vigilant lookout, which constitutes negligence per se under Georgia law.

(b) O.C.G.A. § 40-6-144: Defendant failed to yield to a pedestrian in a driveway, which

constitutes negligence per se under Georgia law.

(c) O.C.G.A. § 40-6-93: Defendant failed to exercise due care in relation to Plaintiff, a

pedestrian, which constitutes negligence per se under Georgia law.

18. The statutes cited above were designed to protect a class of persons, including the

Plaintiff, from the type of harm that occurred as a result of Defendant’s violations.

19. As a direct and proximate result of Defendant's negligence per se, Plaintiff suffered

severe injuries, incurred significant medical expenses, and experienced pain and suffering,

mental anguish, and loss of enjoyment of life.

20. Defendant is therefore liable to Plaintiff for all damages sustained as a result of the

violations of the statutes cited above, including but not limited to, medical expenses, pain and

suffering, lost wages, and other compensatory damages.

 DAMAGES

21. Plaintiff incorporates Paragraphs 1 through 20 as if fully restated herein verbatim.

22. As a direct, sole, and proximate result of the recklessness, carelessness, negligence, and

negligence per se of the Defendant, the Plaintiff, suffered painful bodily injuries, physical pain

and mental anguish, emotional distress, and loss of the capacity for the enjoyment of life.

23. Defendant, is liable for the injuries and damages sued for herein, as these acts and

omissions were the proximate cause of Plaintiff’s injuries and damages.

24. Plaintiff brings each and every claim permissible under Georgia law against Defendant

for the injuries suffered in the incident at issue and seeks to recover for all special damages,

economic losses, medical expenses, necessary expenses, pain and suffering, and all

compensatory, special, actual, and general damages permissible under Georgia law. Plaintiff

seeks all compensatory, special, economic, consequential, general, and other damages

permissible under Georgia law, including but not limited to:

(a) Personal injuries;

(b) Past, present, and future pain and suffering;

(c) Past, present, and future lost wages;

(d) Past, present, and future medical expenses, likely exceeding $85,530.86;

(e) Mental anguish;

(f) Incidental expenses;

(g) Permanent injuries;

 (h) All special, compensatory, economic, and other damages permissible under Georgia law;

and

(i) Consequential damages to be proven at trial.

ATTORNEY’S FEES & COSTS

25. Plaintiff re-alleges and incorporates by reference all those facts and allegations in

paragraphs 1 through 24 above and further alleges:

26. Defendant has acted in bad faith, been stubbornly litigious, and caused Plaintiff

unnecessary trouble and expense in requiring the filing of the instant lawsuit.

27. Pursuant to O.C.G.A. §§ 13-6-11 and 51-12-7, Plaintiff hereby respectfully requests and

specifically pleads for recovery of expenses of litigation and attorneys’ fees as a result of

Defendant’s stubbornly litigious and bad faith conduct.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff respectfully demands trial by a fair and impartial jury on all

issues and prays for the following relief pursuant to O.C.G.A. § 51-12-12:

A. That Defendant be found liable for recklessness, carelessness, negligence, and negligence

per se;

B. That Plaintiff be awarded an amount for special damages in excess of $85,530.86 for said

recklessness, carelessness, negligence, and negligence per se, pursuant to O.C.G.A. §§ 51-12-

2(b), 51-12-3, and 51-12-7;

C. That Plaintiff be awarded an amount for general damages to be proven at trial for said

recklessness, carelessness, negligence, and negligence per se, pursuant to O.C.G.A. §§ 51-12-

2(a), 51-12-4, 51-12-6, and 51-12-12;

D. That Plaintiff be awarded an amount for the recovery of expenses of litigation and

attorneys’ fees as a result of Defendant’s stubbornly litigious and bad faith conduct, pursuant to

O.C.G.A. §§ 13-6-11 and 51-12-7;

E. That Plaintiff be awarded any and all additional relief that this Honorable Court deems

just, proper, and reasonable in these premises.

Respectfully submitted this 20th day of August, 2024.

BEY & ASSOCIATES LLC

/s/ N. John Bey_____________________

N. John Bey
Georgia Bar No. 118279
Attorney for Plaintiff

191 Peachtree Street NE, Suite 3200

Atlanta, GA 30303
Telephone: 404-344-4448
Facsimile: 404-393-6107
[email protected]