Berryhill v. Daly

1 Citing case

  1. Ga. CVS Pharmacy v. Carmichael

    362 Ga. App. 59 (Ga. Ct. App. 2021)   Cited 9 times
    In Carmichael, this Court held harmless any alleged failure by a jury in declining to assign fault to a non-party where there was only one named defendant that remained in the case by the time the case proceeded to trial.

    However, CVS did not object to Carmichael's closing argument, and so it has waived any challenge to the argument. Berryhill v. Daly , 358 Ga. App. 139, 140, 854 S.E.2d 338 (2021). Although CVS argues that it can still challenge the closing argument based on Stolte v. Fagan , 291 Ga. 477, 479-483 (2), 731 S.E.2d 653 (2012), we note that, after the briefs were filed in this case, the Supreme Court of Georgia overruled Stolte in its decision in Williams v. Harvey , 311 Ga. 439, 447-451 (1) (b), 858 S.E.2d 479 (2021), and so that case does not help CVS and did not influence our analysis.