Costarides v. Skelton, A89A1640

• Decision Date: 09 November 1989
• Docket Number: No. A89A1640,A89A1640
• Citation: 193 Ga.App. 470,388 S.E.2d 62
• Parties: COSTARIDES et al. v. SKELTON et al.
• Court: Georgia Court of Appeals

Page 62

388 S.E.2d 62

193 Ga.App. 470

COSTARIDES et al. v. SKELTON et al.

No. A89A1640.

Court of Appeals of Georgia.

Nov. 9, 1989.

Richardson, Chenggis & Constantinides, Platon P. Constantinides, Atlanta, for appellants.

Greer, Klosik & Daugherty, John F. Daugherty, William L. Swank II, Atlanta, for appellees.

DEEN, Presiding Judge.

The appellants, Vasiliki and Vasilios Costarides, commenced this action against the appellees, Elizabeth and Douglas Skelton, to recover for injuries allegedly sustained in an automobile collision which admittedly was the fault of Elizabeth Skelton. Following trial, the jury returned a verdict for the defendant appellees, and the Costarideses appeal. Held:

1. The appellants contend that the verdict is contrary to the evidence. The evidence showed that the day after the collision Vasiliki Costarides went to her doctor complaining of abdominal pain. The physician prescribed a mild analgesic, and next heard from her five days later when she was hospitalized for acute abdominal pain. He referred the case to a surgeon, who recommended and performed exploratory surgery, suspecting a ruptured spleen. The spleen, however, was normal, but a small hemmorhagic ovarian cyst was found. The surgeon indicated at trial that such cysts can produce pain, but that he did not believe this cyst could have produced the symptoms complained of by Mrs. Costarides. Following this hospitalization, Mrs. Costarides was treated for a urinary tract infection, attributed to catheterization during the hospitalization. At the time of Mrs. Costarides' hospitalization, however, her white blood cell count was slightly elevated, which could be indicative of infection.

Even though a verdict may be against the preponderance of the evidence, the appellate court cannot interfere with that verdict if it is supported by some evidence. Energy Contractors v. Ga. Metal Systems, etc., 186 Ga.App. 475, 367 S.E.2d 324 (1988). In the instant case, the evidence authorized the jury's finding that the collision had caused no personal injury to Mrs. Costarides.

2. The appellants also contend that the trial court made several errors in instructing the jury. None of those contentions has any merit.

The appellants' requested charges on negligence were unnecessary and inapplicable, since the appellees acknowledge fault for the collision, and the trial court did not err in omitting the charges. Sapp v. Johnson, 184 Ga.App. 603(1), 362 S.E.2d 82 (1987). The requested...