Chesser v. Wallace
| Decision Date | 03 July 1991 |
| Docket Number | No. A91A0652,A91A0652 |
| Citation | 200 Ga.App. 567,408 S.E.2d 814 |
| Parties | CHESSER, et al. v. WALLACE, et al. |
| Court | Georgia Court of Appeals |
W. Douglas Adams, Brunswick, for appellants.
Gilbert, Harrell, Skelton & Gilbert, M. Lynn Frey III, Brunswick, for appellees.
Driver Chesser and passenger Waters sued Wallace, Express America, Cook Transports, and the insurers of the two companies for injuries suffered when Chesser's pickup ran into the side of a tractor trailer rig operated by Wallace. A claim for loss of consortium was filed by Waters' wife. Plaintiffs dismissed without prejudice as to Cook and its insurer during trial. Chesser and Waters appeal from the jury's verdict in defendants' favor.
The accident occurred shortly before 5:00 a.m. on Highway 341 north of Brunswick, Georgia. Highway 341 is five lanes, including a turn lane. The tractor trailer was pulling out of a shopping center parking lot, turning into the southbound lanes of the highway. The tractor was turned southwesterly, with its headlight beams shining toward the shoulder of the highway. Tractor and trailer extended across both northbound lanes, the turn lane, and the innermost southbound lane. There was no illumination in the area other than vehicle lights and there were no marker lights on the side of the trailer as required.
Chesser's pickup truck left 30 feet of skid marks before impacting the trailer and its roof was nearly totally sheared from the body. The pickup was wedged beneath the trailer until wreckers lifted the trailer off.
The pretrial order delineated the issues, including whether Wallace was an agent of Express America and whether Chesser was negligent so as to have caused or contributed to the accident.
Appellants' brief is not in compliance with Rule 15 of this court, in that the argument is not numbered sequentially following the enumeration of errors but is one continuous argument, Rule 15(c)(1), and some enumerations are without citations of authority. Rule 15(c)(2).
The mere repetition and rephrasing of an enumeration of error without more is not the argument anticipated by that rule. Montgomery v. City of Sylvania, 189 Ga.App. 515, 517 (1), 376 S.E.2d 403 (1988); Wilson v. Cotton States, etc., Ins. Co., 183 Ga.App. 353, 355(2), 358 S.E.2d 874 (1987).
1. The first enumeration is not supported with argument or citation and is deemed abandoned. Rule 15(c)(2); Prevost...
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Miner v. Harrison
...contention that the trial court's charge on fraud was incomplete is without merit. Considered as a whole, Chesser v. Wallace, 200 Ga.App. 567, 568(2), 408 S.E.2d 814 (1991), the charge did state the essential elements of an action for fraud as set forth in the case appellant cites, C.P.D. C......
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Green v. State, A92A1746
...error. A mere recital, or repetition, of the enumerated error is not argument." (Citations and punctuation omitted.) Chesser v. Wallace, 200 Ga.App. 567-568, 408 S.E.2d 814. Further, argument merely rephrasing the enumerated errors is insufficient because enumerations are conclusory and ins......
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Bryson v. Button Gwinnett Sav. Bank, s. A92A0850
...overall charge to the jury and the individual dissection of such parts is not grounds for reversal....' [Cit.]" Chesser v. Wallace, 200 Ga.App. 567, 568(2), 408 S.E.2d 814 (1991). In the instant case, we have reviewed the charge in its entirety and find that it fully and correctly instructe......
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