AAA Van Services, Inc. v. Willis, 72032
| Decision Date | 14 July 1986 |
| Docket Number | No. 72032,72032 |
| Citation | 180 Ga.App. 18,348 S.E.2d 475 |
| Parties | AAA VAN SERVICES, INC. v. WILLIS. |
| Court | Georgia Court of Appeals |
Thomas J. McBrayer, Buchanan, for appellant.
Sidney R. Barrett, Jr., Atlanta, for appellee.
Defendant operates a moving and storage business. In 1979 plaintiff entered into a bailment contract with defendant for the storage of certain personal belongings. During the time that defendant held plaintiff's property, plaintiff made a monthly payment to defendant pursuant to the contract. When plaintiff contacted defendant in 1983 seeking the return of her belongings she discovered that they were missing.
Subsequently, plaintiff filed this action for damages in several counts. The case was submitted to the jury on theories of breach of contract and negligence. The jury returned a verdict in favor of plaintiff for $10,000 compensatory damages and $1,000 punitive damages. Defendant appeals. Held:
1. Defendant's enumerations of error numbers 1, 2, 3 and 6 raise issues involving the improper admission of evidence in violation of the parol evidence rule and the giving of plaintiff's related charges to the jury. We have examined these enumerations with reference to the record and found them to be without merit.
2. Defendant's fourth enumeration states: We find no evidence supporting the factual premise stated by defendant.
However, we note that the record contains ample evidence authorizing the submission of the negligence issue to the jury. There is evidence that defendant maintained minimal security precautions at the facility where plaintiff's belongings were stored despite frequent thefts from the facility.
3. Enumeration No. 5 complains of the trial court giving in charge to the jury plaintiff's charges numbers 18 and 19. Defendant failed to object to these charges thereby waiving appellate consideration of this issue. Department of Transp. v. 2.734 Acres of Land, 168 Ga.App. 541, 543 (2), 309 S.E.2d 816; Hunter v. Batton, 160 Ga.App. 849 (1), 288 S.E.2d 244.
4. Defendant's Enumeration No. 7 complains of the trial court giving three of plaintiff's requested charges which together submit to the jury the issue of estoppel. Defendant has made no argument in support of this enumeration other than...
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...of the case." Other objections argued for the first time on appeal will not be considered. OCGA § 5-5-24; AAA Van Svcs. v. Willis, 180 Ga.App. 18, 19(3), 348 S.E.2d 475 (1986); Eiberger v. West, 165 Ga.App. 559, 560(2), 301 S.E.2d 914 As reflected above, there was evidence from which the ju......
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...no objections to these failures to charge were made. As to these, there is nothing to review. OCGA § 5-5-24; AAA Van Svcs. v. Willis, 180 Ga.App. 18, 19 (3), 348 S.E.2d 475 (1986); Eiberger v. West, 165 Ga.App. 559, 560 (2), 301 S.E.2d 914 Enumeration six claims erroneous instruction as to ......
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...plaintiff if there were objections. It will not be considered for the first time on appeal. OCGA § 5-5-24(a); AAA Van Svcs. v. Willis, 180 Ga.App. 18, 19(3), 348 S.E.2d 475 (1986). Davis did object to Thagard's Request # 2: "If you should find that the entries by Dr. Thagard in the hospital......
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...1. By failing to object to the charge as given, appellants waived appellate consideration of this issue. AAA Van Svcs. v. Willis, 180 Ga.App. 18, 19(3), 348 S.E.2d 475 (1986). 3. Although appellants contend in their final enumeration of error the trial court erred by excluding certain testi......