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Lawskills.com Georgia Caselaw
DAVIS v. McCRAY.
47565.
DEEN, Judge.
Action for damages. Haralson Superior Court. Before Judge Winn.
The plaintiff appellant, on the way home from her doctor's office, was riding in a taxi which came almost to a stop at an intersection; the defendant's vehicle, also moving slowly, struck it from the rear. The plaintiff's body hit no part of the automobile. The taxi driver took her back to the doctor's office where she was given a prescription for pain; however, her subsequent testimony indicates that she took nothing stronger than aspirin. There appears to have been little damage to the vehicles involved. The collision occurred December 5, 1968; the plaintiff thereafter moved to Florida. She did not again consult a physician until April, 1969, following which she was found to have a herniated disc, was operated on, and suffered a collapsed lung as a result of the operation.
During the trial the court properly directed a verdict for the plaintiff on the issue of liability, submitting the issue of damages to the jury. The latter returned a verdict for the defendant, doubtless based in part on medical opinion testimony from which an inference could be drawn that a greater amount of force than that indicated by the facts here would normally be present where a disc injury was involved.
Ballew, 118 Ga. 168, 171 (44 SE 996) quoting Penny v. Vincent, 49 Ga. 473.
Rogers, Magruder & Hoyt, Karl M. Kothe, for appellee.
Mundy, Gammage & Cummings, F. Marion Cummings, for appellant.
SUBMITTED OCTOBER 5, 1972 -- DECIDED OCTOBER 12, 1972.
Friday May 22 14:33 EDT


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