Strickland v. Department of Transp., A90A0313
Decision Date | 26 June 1990 |
Docket Number | No. A90A0313,A90A0313 |
Citation | 196 Ga.App. 322,396 S.E.2d 21 |
Parties | STRICKLAND et al. v. DEPARTMENT OF TRANSPORTATION. |
Court | Georgia Court of Appeals |
Hudson & Solomon, James D. Hudson, Douglas, for appellants.
Kopp, Peavey & Conner, Neal L. Conner, Jr., Mary Jane Cardwell, Waycross, Michael J. Bowers, Atty. Gen., Roland F. Matson, Sr. Asst. Atty. Gen., for appellee.
Jimmy Strickland's and Joyce Strickland's home is situated on about a five-acre parcel of land in Atkinson County, Georgia. The Department of Transportation ("DOT") sought to acquire, via condemnation, a little more than a half-acre of the Stricklands' land for use in connection with the expansion of a Georgia highway. The case was tried before a jury and damages were measured at $30,000. This appeal follows the denial of a motion for new trial. Held:
1. The Stricklands first contend the trial court erred "by charging the jury on consequential benefits."
" Barrow v. City of Atlanta, 188 Ga.App. 400(1), 401, 373 S.E.2d 88.
In the case sub judice, there was absolutely no evidence that their remaining portion of the Stricklands' land was benefited by the taking. Nonetheless, the trial court twice charged the jury on consequential benefits. This was error. However, we find no harm.
Cauley v. State, 137 Ga.App. 814, 816(4), 224 S.E.2d 794. In the case sub judice, DOT's own expert testified that there were no consequential benefits to the Stricklands' remaining property as a result of the taking and that there was no increase in the value of the remaining property. Consequently, the jury verdict could not possibly have been affected by the erroneous charge since any reduction attributable to consequential benefits would have reduced the Stricklands' recovery by "zero." German v. Dept. of Transp., 162 Ga.App. 785, 786, 293 S.E.2d 50.
2. Next, the Stricklands contend the trial court erred in denying their motion for new trial, arguing that the evidence was insufficient to support the jury's verdict. More specifically, the Stricklands argue that DOT failed to rebut evidence showing consequential damages of $81,100 due to the loss of their property's "unique" value.
Metropolitan Atlanta, etc., Auth. v. Ply-Marts, 144 Ga.App. 482, 483(1), 484, 241 S.E.2d 599. In the case sub judice, there was conflicting evidence as to whether plaintiff's property had a "unique" value. The fact that the jury discounted testimony regarding the "unique" value of the Stricklands' property does not require a new trial. Estimates of the value of the property taken and consequential damages ranged from $14,000 to $100,000. This evidence authorized the jury's $30,000 verdict. Department of Transp. v. Brooks, 153 Ga.App. 386, 387(1), 265 S.E.2d 610. The trial court did not err in denying the Stricklands' motion for new trial.
3. Finally, the Stricklands contend the trial court erred "by charging the jury that they were required to follow the five step formula of Gunnels v. Department of Transportation, 175 Ga.App. 638 (1985) [sic], and not adjusting the charge so as to give consideration to the fact that this case involves unique damages."
T.G. & Y. Stores Co. v. Waters, 175 Ga.App. 884(1), 886, 334 S.E.2d 910. In the case sub judice, the Stricklands did not object to "the five step formula of [Department of Transp. v. Gunnels, 175 Ga.App. 632(1), 334 S.E.2d 197 (1985) ]...." Nonetheless, they contend that there was no waiver because the error was substantial and harmful as a matter of law. See OCGA § 5-5-24(c). We do not agree.
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