Butler v. Anderson, 64498
| Decision Date | 15 September 1982 |
| Docket Number | No. 64498,64498 |
| Citation | 163 Ga.App. 547,295 S.E.2d 216 |
| Parties | BUTLER et al v. ANDERSON et al. |
| Court | Georgia Court of Appeals |
Ralph D. Vaughn, James E. Hardy, Atlanta, for appellant.
John F. Davis, Jr., Richard L. Ormand, Atlanta, for appellee. BANKE, Judge.
The appellants, Mr. and Mrs. Butler sued to recover for personal injuries and loses of consortium allegedly sustained as a result of an automobile accident in which Mrs. Butler was involved. The jury returned a verdict in favor of Mrs. Butler in the amount of $5,000 and for Mr. Butler in the amount of $2,000; however, the latter verdict was reduced to zero by deduction of personal injury protection (no-fault) benefits. On appeal, the appellants contend that the damages were insufficient as a matter of law and that the trial judge gave several erroneous instructions to the jury. Held:
1. The collision was slight, and there was medical evidence indicating that Mrs. Butler suffered no objective physical injury from it. There was also evidence that her complaints of back and leg pain may have resulted from an overweight condition rather than from physical trauma. Trowell v. Weston, 154 Ga.App. 572, 573, 269 S.E.2d 74 (1980). The verdict was not contrary to the evidence.
2. Any error committed by the trial court in denying the appellants' motion for directed verdict on the issue of liability was harmless in view of the fact that the jury returned verdicts in their favor. The award of damages similarly renders harmless any error committed by the court in charging the jury on the doctrines of sudden emergency and contributory negligence. See Jernigan v. Carmichael, 145 Ga.App. 560(2), 244 S.E.2d 92 (1978). See generally Maloy v. Dixon, 127 Ga.App. 151(2b), 193 S.E.2d 19 (1972).
3. The trial court did not err in charging the jury that an injured plaintiff is under a duty to lessen damages by following the reasonable instructions and advice of her physicians insofar as is reasonably possible. As previously indicated, there was medical evidence to the effect that Mrs. Butler's back and leg pain was caused by her obesity, and Mrs. Butler admitted that almost every doctor who had treated her for the pain had told...
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