Trawick v. Jackson, 77384

Decision Date03 October 1988
Docket NumberNo. 77384,77384
Citation374 S.E.2d 114,188 Ga.App. 664
PartiesTRAWICK v. JACKSON et al.
CourtGeorgia Court of Appeals

David J. Turner, Jr., Manchester, for appellant.

Samuel A. Murray, Griffin, Allen C. Levi, Columbus, for appellees.

DEEN, Presiding Judge.

In this action for damages arising from a motor vehicle collision, a jury returned a verdict and award in favor of the plaintiff. The trial court, however, granted the defendants' motion for new trial, and following the new trial the jury rendered a verdict against one defendant but in favor of two other defendants. The appellant now attacks the trial court's grant of the motion for new trial, which was based on the general grounds. "[T]he first grant of a new trial to either party is not to be reversed by an appellate court unless the verdict set aside by the trial court was absolutely demanded." Holton v. Jones, 174 Ga.App. 654, 655-56, 331 S.E.2d 26 (1985). The original verdict set aside by the trial court was not absolutely demanded.

JUDGMENT AFFIRMED.

CARLEY and SOGNIER, JJ., concur.

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3 cases
  • Builders Transport, Inc. v. Hall
    • United States
    • Georgia Court of Appeals
    • 1 June 1989
    ...than the one rendered could possibly have been returned under the law and facts of the case'. [cits.; see also Trawick v. Jackson, 188 Ga.App. 664 (374 S.E.2d 114) (1988) ], it has nevertheless been held with equal uniformity that if the evidence does demand the verdict rendered, the first ......
  • Sapp v. State
    • United States
    • Georgia Court of Appeals
    • 5 October 1988
  • Redman Homes, Inc. v. Voss
    • United States
    • Georgia Court of Appeals
    • 22 February 1994
    ...be reversed by an appellate court unless the verdict set aside by the trial court was absolutely demanded.' [Cit.]" Trawick v. Jackson, 188 Ga.App. 664, 374 S.E.2d 114 (1988). Logic demands the same liberal appellate scrutiny of a trial court's approval of a motion to dismiss without prejud......

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