Branch v. Maxwell

3 Citing cases

  1. Hancock v. Bryan County Board of Education

    240 Ga. App. 622 (Ga. Ct. App. 1999)   Cited 5 times

    However, Hancock did not submit a specific charge on proximate cause, and she has not alleged any definitional language that should have been submitted to the jury. See Branch v. Maxwell, 203 Ga. App. 553, 555-556 (5) (b) ( 417 S.E.2d 176) (1992). Moreover, the instant case did not involve multiple causes-in-fact of an injury; it was alleged only that defendants' conduct caused Hancock to fall off the bus, and the only question was whether such fall was the cause-in-fact of Hancock's injury. See Gray v. Elias, supra at 802-803.

  2. Gray v. Elias

    513 S.E.2d 539 (Ga. Ct. App. 1999)   Cited 4 times

    Accordingly, we find that Gray's failure to request such a charge or object to the charge given constituted a waiver of any right to complain on appeal. OCGA ยง 5-5-24(a). See generally Branch v. Maxwell, 203 Ga. App. 553, 555-556(5)(b) ( 417 S.E.2d 176) (1992) (affirming verdict in automobile negligence case despite trial court's failure to define proximate cause as part of negligence charge, where charge as a whole adequately informed jury of applicable law). Taft v. Taft, 209 Ga. App. 499 ( 433 S.E.2d 667) (1993) does not require a different result.

  3. Little Rapids Corp. v. McCamy

    218 Ga. App. 111 (Ga. Ct. App. 1995)   Cited 24 times
    Holding that the plaintiff did not assume the risk of loose boxes falling on him when, although he knew of the type of harm posed by loose boxes being stacked on top of a secure load and he was in close proximity to the boxes, his injury occurred when the defendant's employee knocked the boxes off the top of the stack while using a forklift

    Accordingly, we find no error in the giving of the charge [on last clear chance]." Branch v. Maxwell, 203 Ga. App. 553, 556 (5c) ( 417 S.E.2d 176). Judgments affirmed. Beasley, C.J., Birdsong, P. J., Pope, P. J., Blackburn, Smith and Ruffin, JJ., concur.