Trial Magazine

Fatima Bird was driving her friend’s car eastbound during the early morning hours when Otis South, driving ­westbound in the eastbound lane, struck Bird’s car head-on. Bird, 22, suffered fatal blunt force trauma. South and another passenger in Bird’s car also suffered fatal injuries.

Bird’s mother, on behalf of her daughter’s estate and two minor children, sued South’s estate, alleging that he was negligent for driving under the influence. The plaintiffs presented evidence that ­postmortem testing showed South’s blood alcohol content was .398—nearly five times the legal limit.

South’s estate argued that the ­nightclub where he had been drinking before the crash was responsible for continuing to serve him even after he was intoxicated. A separate lawsuit against the nightclub resulted in a $1.75 million verdict against the club’s owners.

The defense also argued that Bird was working part time as a hair stylist and had no meaningful earnings at the time of her death.

The jury awarded $5.35 million. The judgment has been entered. 

Citation: Mitchell v. Pillow (Adm’r), No. 09A03669-2 (Ga. St. Ct. DeKalb Cnty. Mar. 29, 2017).

Plaintiff counsel: AAJ member Trent B. Speckhals and Camille N. Jarman, both of Atlanta.