Georgia Jury Awards $13M in Tow Truck Injury Case

A DeKalb County jury awarded $13.275 million to the family of a young girl who sustained a traumatic brain injury after being struck by a tow truck in her residential neighborhood. The award followed a finding that the towing company, Associates Asset Recovery LLC, bore 45% of the responsibility for the incident. The verdict adjusted a $29.5 million damages determination to reflect the comparative fault allocation identified by the jury.

The lawsuit arose from a 2023 complaint alleging that the child, who was seven years old at the time, was riding a bicycle in her driveway when she was hit by a tow truck operated by defendant Zartavius Hasan. According to court filings, the truck entered the neighborhood at an excessive speed and made contact with the child despite her riding “in a prudent and careful manner.”

Factual Background and Allegations

The complaint asserted that Hasan, while performing repossession-related duties for Associates Asset Recovery, failed to maintain a safe speed or proper lookout. The collision resulted in severe head trauma, facial injuries, and long-term neurological damage. The family contended that the driver’s conduct breached basic standards of care applicable to operators of heavy vehicles entering residential areas.

The filings emphasized that the neighborhood setting, reduced sightlines, and presence of children created a heightened obligation to exercise caution. The plaintiffs also argued that the company shared responsibility for insufficient oversight, inadequate training, or failure to implement safety protocols designed to reduce risk during neighborhood entries.

Trial Proceedings and Comparative Fault Findings

The trial commenced on November 3, with testimony addressing liability, accident dynamics, and the extent of the child’s lasting injuries. Jurors considered evidence related to the conduct of both parties and the immediate circumstances leading to the accident.

After deliberation, the jury apportioned 55% of the fault to the plaintiffs and 45% to Associates Asset Recovery and its driver. Under Georgia’s comparative fault rules, damages were reduced accordingly. The resulting award totaled $13.275 million.

In public statements, plaintiff-side attorneys emphasized the severity of the child’s condition. “This case involved a tragic incident resulting in lifelong neurological injuries to a 7-year-old child,” the attorneys said. They noted that settlement offers within the defendants’ $1 million policy limits had been repeatedly rejected.

Damages and Long-Term Medical Considerations

The verdict reflects the scope of the child’s projected medical and functional needs. According to the family’s attorneys, the injuries include a traumatic brain injury, permanent scarring, and ongoing neurological impairment requiring significant medical care and supportive services.

Georgia law permits recovery for past and future medical expenses, diminished quality of life, and long-term care costs. Evidence presented at trial likely addressed the anticipated duration of neurological complications, the likelihood of continued cognitive impairment, and the impact on daily functioning. Such injuries typically require multidisciplinary care, encompassing rehabilitation therapies, neuropsychological support, and periodic medical monitoring.

Legal and Industry Implications

The outcome highlights the exposure that towing and asset recovery companies may face when operating in residential areas without robust safety controls. The jury’s allocation of fault underscores the complex interplay between driver behavior, company practices, and situational awareness in determining liability.

The case also illustrates the impact of rejected settlement opportunities. As the family’s attorneys noted, the verdict “now triggers additional financial consequences for the defense,” emphasizing how policy limits and pretrial negotiations shape litigation risk.

This ruling may influence future disputes involving neighborhood accidents and commercial vehicle operations by reinforcing the importance of heightened vigilance and adherence to safety standards in settings where children are present.

Case Details

Case Name: Dingess et al. v. Hasan et al.
Court Name: State Court of DeKalb County (Georgia)
Case Number: 23A02919
Plaintiff Attorney(s): Morgan & Morgan Atlanta PLLC
Defense Attorney(s): Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP; GuideOne Insurance