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Manning v. Powell

Court of Appeals of Georgia
Feb 1, 1979
253 S.E.2d 471 (Ga. Ct. App. 1979)

Opinion

55301.

DECIDED FEBRUARY 1, 1979. REHEARING DENIED FEBRUARY 15, 1979.

Action for damages. DeKalb Superior Court. Before Judge Broome.

Jack Dorsey, for appellant.

Powell, Goldstein, Frazer Murphy, Morris Weinberg, Jr., for appellee.


In light of the Supreme Court's reversal of this court's decision in Manning v. Powell, 146 Ga. App. 579 ( 246 S.E.2d 704) (see Powell v. Manning, 242 Ga. 778 ( 251 S.E.2d 522) (1979)), it is necessary to reconsider this case.

1. A review of the evidence shows that plaintiff failed to establish any of the threshold requirements of Code Ann. § 56-3410b (a) for recovery of noneconomic loss. Because the plaintiff failed to carry his burden of demonstrating serious injury, recovery of noneconomic loss was not authorized and the verdict against him was demanded.

2. Remaining enumerations do not allege any errors which would have interfered with plaintiff's proof of serious injury. Accordingly, the asserted errors could not have harmed plaintiff and need not be considered.

Judgment affirmed. Bell, C. J., and Birdsong, J., concur.

DECIDED FEBRUARY 1, 1979 — REHEARING DENIED FEBRUARY 15, 1979 — CERT. APPLIED FOR.


Summaries of

Manning v. Powell

Court of Appeals of Georgia
Feb 1, 1979
253 S.E.2d 471 (Ga. Ct. App. 1979)
Case details for

Manning v. Powell

Case Details

Full title:MANNING v. POWELL

Court:Court of Appeals of Georgia

Date published: Feb 1, 1979

Citations

253 S.E.2d 471 (Ga. Ct. App. 1979)
253 S.E.2d 471