Justice v. Kern & Co., Inc., A90A1370
Decision Date | 26 September 1990 |
Docket Number | No. A90A1370,A90A1370 |
Parties | JUSTICE et al. v. KERN & COMPANY, INC. et al. |
Court | Georgia Court of Appeals |
Remler, Catts & Koski, Austin E. Catts, Middleton & Anderson, Robert H. Benfield, Jr., Atlanta, for appellants.
Neely & Player, John W. Winborne III, Mary F. O'Malley, Jones, Brown & Brennan, Rebecca A. Copeland, Chambers, Mabry, McClelland & Brooks, Douglas F. Aholt, Rex D. Smith, Sullivan, Hall, Booth & Smith, John E. Hall, Jr., Roger S. Sumrall, Atlanta, for appellees.
Appellant-plaintiffs brought this tort action against appellee-defendants and the case was tried before a jury. A verdict was returned in favor of appellees and appellants appeal from the judgment that was entered on the jury's verdict.
1. The trial court ordered that appellants either testify first or be sequestered during the testimony of their witnesses. This order is enumerated as error.
Barber v. Barber, 257 Ga. 488(1), 360 S.E.2d 574 (1987). " 'The action of the court was proper to preserve the [appellees'] right to sequestration of the witnesses and [appellants'] right to be present during the whole trial of the case,' [cit.]." Walden v. MARTA, 161 Ga.App. 725, 726, 288 S.E.2d 671 (1982).
2. The trial court's purported refusal to sequester one of appellees' witnesses is enumerated as error.
The record shows that this witness (Emphasis in original.) Hall v. Hall, 220 Ga. 677, 679(1), 141 S.E.2d 400 (1965). See also Hayes v. State, 182 Ga.App. 26, 29(2), 354 S.E.2d 655 (1987); Hawkins v. State, 260 Ga. 138, 140(8b), 390 S.E.2d 836 (1990). Batten v. Batten, 182 Ga.App. 442, 444(3), 356 S.E.2d 228 (1987).
3. Appellants enumerate as error the trial court's failure to give their written request to charge on the distraction theory. See generally Kres v. Winn-Dixie Stores, 183 Ga.App. 854, 855(1), 360 S.E.2d 415 (1987).
At the charge conference, appellees urged that this request was not adjusted to the evidence and appellants urged that it was. However, when the trial court stated it would not give the requested instruction, appellants made no objection. After the charge had been given, appellants objected to the trial court's failure to give certain of their requested instructions, but they did not object to the failure to give their requested instruction on the distraction theory.
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...liability. To the extent that the testimony that preceded Doe's testimony concerned damages, we address this enumeration. MARTA cites Justice v. Kern & Co.9 and Walden v. MARTA10 for the proposition that because sequestration had been invoked, the trial court was required to either remove D......