From Casetext: Smarter Legal Research

Bond v. Davis

Court of Appeals of Georgia
Feb 2, 1990
194 Ga. App. 379 (Ga. Ct. App. 1990)

Opinion

A89A1991.

DECIDED FEBRUARY 2, 1990.

Action for damages. Twiggs Superior Court. Before Judge Douglas.

O. L. Crumbley, Jr., Charles R. Free, for appellant.

W. Dennis Mullis, for appellee.


Louise G. Bond (plaintiff) brought an action against Judy A. Davis (defendant) and alleged that she sustained injuries when defendant negligently collided into the rear of her vehicle.

The case was tried before a jury and the evidence revealed that defendant's vehicle collided into the rear of plaintiff's vehicle while plaintiff was attempting to negotiate a stream of water which was unexpectedly flowing across the roadway. The jury returned a verdict for plaintiff in the amount of $2,500. When judgment was entered, plaintiff's award was reduced to zero according to the parties' pre-trial stipulation "that the sum of personal injury protection benefits received by the plaintiff from her own insuror [sic] in the amount of $5,000.00 would be deducted from any verdict rendered by the jury...." Plaintiff's motion for new trial was denied and this appeal followed. Held:

1. In her first, second and third enumerations, plaintiff contends the trial court erred in charging the jury on accident, sudden emergency and absolute negligence. In her fifth, sixth and seventh enumerations, plaintiff contends the trial court erred in failing to give three of her requested instructions.

We have examined the jury instructions which form the basis of the above enumerations and find that they relate solely to the issue of liability. In light of the jury's verdict for plaintiff on the issue of liability, we find no harmful error. Foist v. Atlanta Big Boy Mgmt., 166 Ga. App. 304, 305 (2) ( 304 S.E.2d 111). See Fred F. French Mgmt. Co. v. Long, 169 Ga. App. 702 (1), 703 ( 314 S.E.2d 666).

2. In her fourth enumeration of error, plaintiff contends the trial court erred in charging the jury on nominal damages, arguing that the "charge of nominal damages emphasized and unduly stressed the reduction of any award of damages...."

The trial court's instruction on nominal damages was as follows: "I charge you that damages are given as compensation for an injury done, and generally this is the measure when damages are of a character to be estimated in money. If the injury is small or mitigating circumstances are strong, only nominal damages are given. What would be a proper amount of nominal damages is a question for you to decide under all the facts and circumstances of this case." This instruction is a correct statement of law. OCGA § 51-12-4. Further, we find nothing in the charge which "unduly" emphasized or stressed a need for the jury to reduce plaintiff's damages. This enumeration is without merit.

3. Finally, plaintiff challenges the jury's verdict, arguing that the verdict was below the amount of special damages proved by uncontradicted evidence. This argument is without merit.

Although plaintiff produced uncontradicted evidence showing that her special damages far exceeded the jury's verdict, plaintiff's own physician testified that he examined plaintiff on several occasions after the accident and that his findings were not consistent with plaintiff's claim that her neck was severely injured in an automobile collision. In fact, plaintiff's physician testified that plaintiff was exaggerating the magnitude of her symptoms and that she requested him to prepare a "slip" which excused her from all work related activities and that, in his opinion, a "no-work slip" was unnecessary because his records showed that plaintiff was not then employed. This evidence was sufficient to authorize a finding that defendant's negligence was not the sole cause of plaintiff's special damages. "In such cases the jury is free to decide what it thinks is a fair and reasonable amount of compensation under the circumstances. McBowman v. Merry, 104 Ga. App. 454 (1) ( 122 S.E.2d 136) (1961); Byrom v. Felker, 137 Ga. App. 400, 402 (3) ( 224 S.E.2d 72) (1976)." Calhoun v. Branan, 149 Ga. App. 160 (1), 161 ( 253 S.E.2d 838).

Judgment affirmed. Carley, C. J., and Beasley, J., concur.

DECIDED FEBRUARY 2, 1990.


Summaries of

Bond v. Davis

Court of Appeals of Georgia
Feb 2, 1990
194 Ga. App. 379 (Ga. Ct. App. 1990)
Case details for

Bond v. Davis

Case Details

Full title:BOND v. DAVIS

Court:Court of Appeals of Georgia

Date published: Feb 2, 1990

Citations

194 Ga. App. 379 (Ga. Ct. App. 1990)
390 S.E.2d 627

Citing Cases

Walmart Stores E., LP v. Leverette

See Georgia Suggested Pattern Jury Instructions - Civil, 66.010 Tort Damages; Generally; Nominal Damages. See…

Pheil v. Southern Bell Telephone Telegraph Co.

The nominal damage charge was supported by the evidence and was proper. See generally OCGA § 51-12-4; Bond v.…