Roberts v. Stennett
Citation | 201 Ga.App. 155,410 S.E.2d 356 |
Decision Date | 09 September 1991 |
Docket Number | No. A91A1130,A91A1130 |
Parties | ROBERTS v. STENNETT. |
Court | United States Court of Appeals (Georgia) |
Stephen W. Nicholas, Decatur, for appellant.
Decker & Briggs, Richard P. Decker, William W. Briggs, Atlanta, for appellee.
Plaintiff Vincent I. Roberts instituted an action against defendant Dirk A. Stennett and alleged that he suffered damages after an automobile collision which occurred while he was a passenger in a vehicle negligently driven by defendant Stennett. Defendant admitted that plaintiff was a passenger in a vehicle he wrecked and that he was responsible for the collision. However, defendant alleged that he paid plaintiff for all damages stemming from the collision and that plaintiff's additional claims are excessive, i.e., not the proximate result of defendant's negligent act.
The case was tried before a jury and a verdict was returned in favor of defendant. This appeal followed the denial of plaintiff's motion for new trial. Held:
1. Plaintiff contends "[t]he jury verdict was contrary to the weight of the evidence."
Prater v. Bertrand, 197 Ga.App. 169, 170(3), 397 S.E.2d 562. In the case sub judice, no full transcript of the trial proceedings have been filed in the trial court and none is included in the record on appeal. (Only excerpts from the jury instructions appear in the appellate record.) Consequently, we must assume the jury's verdict was properly supported by evidence. Prater v. Bertrand, 197 Ga.App. 169, 170(3), 397 S.E.2d 562, supra.
2. Error is further enumerated that the trial court "erred in giving charges to the jury concerning negligence when such was not an issue and was stipulated by both parties."
An inapplicable jury instruction . Long v. Marion, 182 Ga.App. 361, 364(3), 355 S.E.2d 711. See Davis v. Stewart, 169 Ga.App. 733, 734(2), 315 S.E.2d 6. In the case sub judice, there is not a full transcript of...
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...at 397(2), 555 S.E.2d 492. 27. See Baxter, 259 Ga.App. at 478(2), 577 S.E.2d 804. 28. (Punctuation omitted.) Roberts v. Stennett, 201 Ga.App. 155, 156(2), 410 S.E.2d 356 (1991). ...
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...will be construed most strongly against her, if it is vague and uncertain.”). 10. (Punctuation omitted.) Roberts v. Stennett, 201 Ga.App. 155, 156(2), 410 S.E.2d 356 (1991). 11. Compare Maurer v. Chyatte, 173 Ga.App. 343, 345(3), 326 S.E.2d 543 (1985) (physical precedent only) (reversing be......
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...the verdict or was prejudicial to the rights of the complaining party." (Citations and punctuation omitted.) Roberts v. Stennett, 201 Ga.App. 155, 156(2), 410 S.E.2d 356 (1991). The charge as given was a correct statement of the law regarding the duty owed to a licensee. See Queen v. City o......