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KARP v. NIVER et al.
53741.
WEBB, Judge.
Action for damages. Chatham State Court. Before Judge Head.
Plaintiff appeals from defendants' jury verdict and judgment in this intersectional collision case. We affirm.
1. Enumeration of error 1 complains that the court erred in failing to direct a verdict in plaintiff's favor on the question of liability where the defendant ambulance driver admittedly drove the ambulance into the intersection against a red light without slowing down or looking to make certain the way was clear. This enumeration is without merit.
2. Plaintiff complains that the court erred in charging the last clear chance doctrine. As we read the charge, it seems clear to us that the trial court was charging the ambulance driver's, and not the plaintiff's last clear chance to avoid the collision. Since harm as well as error must be shown (Dill v. State, 222 Ga. 793 (1) (152 SE2d 741) (1966)), and a beneficial charge is harmless, we find insufficient cause for reversal.
3. The final enumeration complains that the court erred in permitting a volunteer attendant in the ambulance to testify that the patient was in such condition as to create an emergency situation for the driver. This testimony was cumulative to that of the driver noted in Division 1, above, and shows no cause for reversal even if erroneously admitted. Luke v. State, 131 Ga. App. 799, 806 (207 SE2d 213) (1974).
Falligant, Kent & Toporek, A. Martin Kent, Charles W. Barrow, A. Parker Barnes, Jr., for appellees.
Lee & Clark, Fred S. Clark, for appellant.
ARGUED APRIL 7, 1977 -- DECIDED APRIL 15, 1977 -- REHEARING DENIED MAY 9, 1977 -- CERT. APPLIED FOR.
Friday May 22 06:20 EDT


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