Palo v. Meisenheimer
Decision Date | 11 March 1991 |
Docket Number | No. A90A2278,A90A2278 |
Citation | 403 S.E.2d 881,199 Ga.App. 24 |
Parties | PALO et al. v. MEISENHEIMER et al. |
Court | Georgia Court of Appeals |
Charles A. Mullinax, Stone Mountain, for appellants.
Stephen L. Cotter, Swift, Currie, McGhee & Hiers, Julie L. Ginden, Atlanta, for appellees.
Plaintiff/appellant Deborah Palo, individually and in her capacity as parent and next friend of Lisa Marie Palo, brought suit against defendants Dennis and Sue Meisenheimer to recover damages for injuries sustained by her daughter when she was bitten by defendants' Rottweiler dog. The jury awarded plaintiff $4,804.96 for medical expenses in her individual capacity. The jury also found in favor of plaintiff as parent of Lisa Palo but awarded no damages for her daughter's pain and suffering. Plaintiff appeals the denial of her motion for new trial. We affirm.
1. Plaintiff contends the trial court erred in charging the jury on legal accident. Pretermitting whether the complained of charge was authorized under the facts of this case, we find no merit to this enumeration. Gurly v. Hinson, 194 Ga.App. 673, 674(5), 391 S.E.2d 483 (1990). See also Benson v. Tucker, 160 Ga.App. 217(3), 286 S.E.2d 485 (1981).
2. Plaintiff next contends the trial court erred in charging on contributory and comparative negligence because no evidence was presented from which the jury could reasonably infer that Lisa Palo had been negligent. We disagree. As the trial court aptly noted We agree this evidence was sufficient to authorize the charge given in this case. See Benson v. Tucker, supra at (1); see also Jackson v. Young, 125 Ga.App. 342(2), 187 S.E.2d 564 (1972).
3. Lastly, plaintiff contends that the damages awarded her daughter were so inadequate as to justify the inference of gross mistake, undue bias and prejudice on the part of the jury. See OCGA § 51-12-12. ...
To continue reading
Request your trial-
Head v. CSX Transp., Inc.
...rationale of Beringause v. Fogleman Truck Lines, 209 Ga.App. 470, 472-473(3), 433 S.E.2d 398 (1993). See also Palo v. Meisenheimer, 199 Ga.App. 24, 25(3), 403 S.E.2d 881 (1991). The Supreme Court granted Head's petition for writ of certiorari and has remanded the case to this Court for reco......
-
Robinson v. Star Gas of Hawkinsville
...the instant case. In both Beringause v. Fogleman Truck Lines, Inc., 209 Ga.App. 470(3), 433 S.E.2d 398 (1993) and Palo v. Meisenheimer, 199 Ga.App. 24(3), 403 S.E.2d 881 (1991), the Court of Appeals held that inadequate comparative negligence damage awards are categorically precluded from r......
-
Head v. CSX Transp., Inc.
...and punctuation omitted.) See also Mansfield v. Pizza Hut, etc., 202 Ga.App. 601, 602, 415 S.E.2d 51 (1992); Palo v. Meisenheimer, 199 Ga.App. 24, 25(3), 403 S.E.2d 881 (1991); Stroud v. Woodruff, 183 Ga.App. 628, 630(5), 359 S.E.2d 680 CSX raised comparative negligence as an affirmative de......
- Brown v. State