Davis v. Monroe County Hospital Authority, 51410
Decision Date | 06 January 1976 |
Docket Number | No. 51410,No. 1,51410,1 |
Citation | 223 S.E.2d 255,137 Ga.App. 214 |
Parties | Ronald DAVIS v. MONROE COUNTY HOSPITAL AUTHORITY et al |
Court | Georgia Court of Appeals |
Ham, Mills & Freeman, W. Franklin Freeman, Jr., Forsyth, for appellant.
Jones, Cork, Miller & Benton, Frank C. Jones, W. Warren Plowden, Jr., Macon, W. Ashley Hawkins, Forsyth, for appellees.
This is an appeal by the plaintiff-appellant in an action based upon 'malicious use or abuse of process' seeking general damages and punitive damages against the defendants. The jury rendered a verdict for plaintiff-appellant in amount of $1,000 general damages and.$17,250 punitive damages. The trial judge granted the defendants' motion for new trial 'on the grounds that the verdict and judgment entered therein is contrary to the weight of the evidence and is excessive.' Held:
Murray v. Davidson, 174 Ga. 213(2), 162 S.E. 526. See also Smith v. Maddox-Rucker Banking Co., 8 Ga.App. 288, 289, 68 S.E. 1092. This ruling is in accordance with Code § 6-1608. Assuming, without deciding, that the evidence demanded a finding of liability against the defendants and in favor of the plaintiff-appellant, the evidence did not demand a finding as to the amount of damages either general or punitive. We accordingly will not disturb the action of the trial judge.
Judgment affirmed.
To continue reading
Request your trial-
Wilkinson v. Davis
...Judge. Despite the difference in names, this is the second appearance of this case in this court. See Davis v. Monroe County Hospital Authority, 137 Ga.App. 214, 223 S.E.2d 255. In that case there was an appeal of the first grant of a motion for new trial, and this court specifically stated......
- Carter v. State Farm Mut. Auto. Ins. Co.