Opinion
53264.
SUBMITTED JANUARY 6, 1977.
DECIDED JANUARY 18, 1977.
Action for damages. Gwinnett State Court. Before W. Howard Fowler, Judge pro hac vice.
G. Hughel Harrison, for appellant.
Ralph Spain, for appellees.
The appellant sued for property and personal damages resulting from an automobile collision. The jury returned a verdict in favor of the appellant for the entire amount of property damage but no damages for personal injury. The appellant moved for new trial and appeals from the trial judge's denial of such motion.
SUBMITTED JANUARY 6, 1977 — DECIDED JANUARY 18, 1977.
The appellant testified as to his own medical condition and to his opinion that his injuries dated from the time of the accident; reliance is placed on the following language: "`Since the evidence authorized the finding of the jury establishing the liability of the defendant, and the undisputed evidence showed actual damages to the plaintiff resulting from the injuries sustained, a verdict in favor of the plaintiff for less than the actual damages proved was grossly inadequate.'" Simmons v. Brock, 131 Ga. App. 275, 276 ( 205 S.E.2d 716) and cits. (Emphasis supplied.)
The evidence here was not undisputed that the appellant's injuries for which damages were sought were sustained as the result of the automobile accident. It was the opinion of a doctor who had treated the appellant that "as far as medical probabilities are concerned" his condition was not caused by the automobile accident but rather by "the normal aging process." There is thus evidence which would authorize the jury to find that the injuries were unrelated to the collision. Howard v. Gardner, 128 Ga. App. 545 ( 197 S.E.2d 386). It was not error to deny the appellant's motion for new trial. Code § 105-2015.
Judgment affirmed. Webb and Marshall, JJ., concur.