Cullen v. Novak, A91A1082
| Decision Date | 27 September 1991 |
| Docket Number | No. A91A1082,A91A1082 |
| Citation | 201 Ga.App. 459,411 S.E.2d 331 |
| Parties | CULLEN v. NOVAK. |
| Court | Georgia Court of Appeals |
Chambers, Mabry, McClelland & Brooks, Genevieve L. Frazier, Atlanta, for appellant.
Hill & Bleiberg, Robert P. Bleiberg, Atlanta, for appellee.
Novak sued Cullen for injuries from an automobile collision. The case was tried by a jury and a verdict for $190,000 in general damages and $10,000 in punitive damages was returned against Cullen, from which he now appeals.
1. Cullen claims that the trial court abused its discretion by denying his motion for new trial in that the verdict was excessive and was the product of a biased jury. Specifically, Cullen argues that an improper question during Novak's cross-examination of him and a statement in Novak's closing argument prejudiced the jury against him, despite the fact that his objections to both were sustained. Pretermitting the question of whether the error was properly preserved for appeal, see Seaboard C.L.R. Co. v. Wallace, 227 Ga. 363, 364(4), 180 S.E.2d 743 (1971); Averette v. Oliver, 128 Ga.App. 54, 55, 195 S.E.2d 925 (1973), we find no abuse of discretion in the trial court's denial of Cullen's motion for new trial. OCGA § 5-5-25; see also Medoc Corp. v. Keel, 166 Ga.App. 615(3), 305 S.E.2d 134 (1983). The verdict was supported by the evidence, was not excessive, and no prejudice, bias or corrupt means in reaching the verdict appears. OCGA §§ 5-5-20, 5-5-21; West Ga. Pulpwood, etc., Co. v. Stephens, 128 Ga.App. 864, 198 S.E.2d 420 (1973).
2. In a separate enumeration of error, Cullen contends that the trial court improperly charged the jury on punitive damages since there was no evidence of intentionality, aggravating circumstances, wilful misconduct, malice or wantonness, to justify this charge. Viewed in favor of the verdict, there was evidence from which a jury could have concluded that Cullen carelessly ran a red light and caused the collision with Novak.
There was, however, no evidence of such an entire want of care and conscious indifference to the consequences sufficient to authorize an award of punitive damages. See generally OCGA § 51-12-5; Currie v. Haney, 183 Ga.App. 506, 359 S.E.2d 350 (1987). To authorize punitive damages under Georgia law, there must be evidence of "wilful misconduct, malice, fraud, wantonness, or oppression, or that entire want of care which would raise the presumption of a conscious indifference to consequences." Colonial Pipeline Co. v. Brown, 258 Ga. 115, 118, 365 S.E.2d 827 (1988). "Negligence, even gross negligence, is inadequate to support a punitive damage award." Colonial Pipeline, supra at 118, 365 S.E.2d 827; Associated Health Systems v. Jones, 185 Ga.App. 798, 802, 366 S.E.2d 147 (1988). " ...
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