Allison v. Auto-Owners Insurance
Allison v. Auto-Owners Insurance
Opinion of the Court
On July 11,1981, appellant-plaintiff was injured in an automobile collision. She filed a no-fault claim with appellee-defendant. When appellee refused to pay appellant for more than two weeks of lost income, she filed suit in state court, seeking to recover additional no-fault lost wages benefits for the period between July 1, 1982 and October 1, 1983. The case was removed to U. S. District Court and a jury trial resulted in a verdict in favor of appellee. Appellant appealed, urging that it was error to deny her motion for judgment n.o.v. In response to a certified question from the United States Court of Appeals for the Eleventh Circuit, our Supreme Court held that “a jury question was raised as to whether [appellant] was entitled to lost wages for the period of disability in question.” Allison v. Auto-Owners Ins. Co., 256 Ga. 446, 448 (349 SE2d 682) (1986). Subsequently, the U. S. Court of Appeals affirmed the District Court’s order denying the motion for judgment n.o.v.
Subsequently, appellant filed this action against appellee. In her complaint, appellant sought no-fault lost wages benefits for the period between April 1, 1985 and May 31, 1987. Appellee answered and raised among its other defenses, res judicata and estoppel by judgment. Appellee moved for summary judgment based upon its res judicata and estoppel by judgment defenses. The trial court granted summary judgment in favor of appellee and appellant appeals from that order.
Appellant urges, however, that the matter involved in the instant case was not and could not have been put in issue in her prior suit against appellee. According to appellant, her prior action involved a recovery of no-fault lost wages benefits for a period of disability between July 1, 1982 and October 1, 1983, whereas the instant action involves an entirely different period of disability between July 1, 1985 and May 31, 1986. Under the provisions of the no-fault statute, however, appellant would not be entitled to recover for a period of disability which did not arise until July 1, 1985. OCGA § 33-34-2 (2) provides, in relevant part, that “the term . . . ‘[disability’ means any period of time commencing within 24 months from the date on which the motor vehicle accident occurred. . . .” (Emphasis supplied.) Accordingly, the only viable period of “disability” entitling appellant to no-fault lost wages benefits is one which began within 24 months of July 11, 1981. The issue of appellant’s entitlement to recover no-fault lost wages benefits for a period of disability commencing during the relevant 24-month period was resolved against her in her prior action
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.