lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
SMITH v. CLIFFORD H. PRYOR & ASSOCIATES, INC.
A89A1605.
DEEN, Presiding Judge.
Action for damages. Richmond State Court. Before Judge Hambrick.
Smith subsequently filed an action against appellant Clifford H. Pryor & Associates, holders of the Wendy's franchise, alleging that he had been injured because of defendant/appellee's negligence. In the first of two amended complaints he alleged that appellee was further negligent in setting up a distraction in the form of vehicles entering the driveway on the inner edge of which appellant was walking; in the second amended complaint appellant alleged that he was entitled to recover medical expenses amid lost earnings. At trial he withdrew the distraction theory and proceeded on the negligence theory only. There was conflicting testimony as to how much time appellant lost from work during the six months or so following the injury; it was undisputed that he returned to work on the day after he returned from the trip, or the sixth day after the injury. The jury found for the defendant. On appeal Smith enumerates as error the denial of his motion for new trial and his amended motion for new trial. Held:
The general rule is that a jury verdict, after approval by the trial court, will not be disturbed on appeal if it is supported by any evidence. Denny v. D. J. D., Inc., 188 Ga. App. 431, 433 (373 SE2d 383) (1988); Branch v. Anderson, 47 Ga. App. 858 (171 SE 771) (1933). In the instant case competent evidence was adduced to support appellee's contentions that there was no slippery spot or other indication of negligence, that appellee had not breached its duty of ordinary care in keeping the premises safe, and that there was no necessary causal relationship between appellant's injury and the fact that it occurred on appellee's property. Compare Cobb v. Popeye's, Inc., 188 Ga. App. 443 (373 SE2d 233) (1988), in which there was evidence that employees of the fast food restaurant knew of the presence of grease on the pavement adjacent to the restaurant. After review of the entire record of the instant case, including the trial transcript, we are persuaded that the trial court did not err in denying appellant's motion for new trial.
David C. Huguenin, for appellant.
DECIDED NOVEMBER 1, 1989 -- REHEARING DENIED NOVEMBER 14, 1989 -- CERT. APPLIED FOR.
Thursday May 21 11:36 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com