Georgia Prisoner Dies of Traumatic Brain Injury Following Release on Bail; $16 Million Default Judgment against City Upheld
Georgia Prisoner Dies of Traumatic Brain Injury Following Release on Bail; $16 Million Default Judgment against City Upheld
A $16 million default judgment awarded to the estate of a man who died from an untreated brain injury was affirmed by a Georgia appellate court.
Johnathan Battle, 24, was arrested on January 6, 2008, for trying to steal custom wheels from a motor vehicle. When his mother posted bond and picked him up from the East Point City jail, 19 hours after his arrest, she found him disoriented.
At a hospital, it was found Battle had a skull fracture and swelling of the brain. He went into a coma and died 11 days later. His death was ruled a homicide. His estate filed a wrongful death suit in state court.
The complaint was served on the City attorney, Nina Hickson. There was no response from the city to the suit, so the trial court entered a default judgment. After an evidentiary hearing, it issued judgment of $16 million to the estate, which included Battle’s two-year old daughter.
The City of East Point appealed, the appellate court found that Hickson was authorized by the city as the person to accept service of process on its behalf, and the evidence showed she had a copy of the summons and complaint in her office files. As such, the court found that service of process was properly effectuated and the trial court did not abuse its discretion. The trial court’s judgment was affirmed. The estate was represented by attorneys Andrew W. Jones and Michael L. Goldberg.
See: City of East Point v. Jordan, 686 S.E. 2nd 471 (Ga. App. 2009).
The factual allegations that Battle was attacked or beaten by police or guards and how he was left untreated despite obvious signs of injury was unresolved due to the default judgment.
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Related legal case
City of East Point v. Jordan
| Year | 2009 |
|---|---|
| Cite | 686 S.E. 2nd 471 (Ga. App. 2009) |
| Level | State Court of Appeals |
| Conclusion | Bench Verdict |
| Damages | 16,000,000.00 |