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Keywords

plaintiffdefendantdamagesappealtrialverdictsustainedappellantjury instructions
plaintiffdefendantdamagesappealtrialverdictsustainedappellantjury instructions

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Butler v. Anderson, 163 Ga.App. 547, 295 S.E.2d 216

Facts

The appellants, Mr. and Mrs. Butler, sued to recover for personal injuries and losses of consortium allegedly sustained as a result of an automobile accident in which Mrs. Butler was involved. The jury returned a verdict in favor of Mrs. Butler in the amount of $5,000 and for Mr. Butler in the amount of $2,000; however, the latter verdict was reduced to zero by deduction of personal injury protection (no-fault) benefits. On appeal, the appellants contended that the damages were insufficient as a matter of law and that the trial judge gave several erroneous instructions to the jury.

The appellants, Mr. and Mrs. Butler, sued to recover for personal injuries and loses of consortium allegedly sustained as a result of an automobile accident in which Mrs. Butler was involved.

Issue

Whether the trial court erred in reducing the husband's verdict and in its jury instructions regarding the duty of the injured plaintiff to mitigate damages.

Whether the trial court erred in reducing the husband's verdict and in its jury instructions regarding the duty of the injured plaintiff to mitigate damages.

Rule

An injured plaintiff is under a general duty to lessen damages as far as is practicable by the use of ordinary care and diligence.

Under Code § 105–2014, an injured plaintiff is under a general duty to lessen damages as far as is practicable by the use of ordinary care and diligence.

Analysis

The court found that the collision was slight and that there was no medical evidence indicating that Mrs. Butler suffered any objective physical injury from it. The court noted that her complaints of pain may have been related to her pre-existing overweight condition rather than the accident. The court also upheld the trial court's instruction that an injured plaintiff must follow reasonable medical advice to mitigate damages.

The collision was slight, and there was medical evidence indicating that Mrs. Butler suffered no objective physical injury from it. There was also evidence that her complaints of back and leg pain may have resulted from an overweight condition rather than from physical trauma.

Conclusion

The Court of Appeals affirmed the trial court's judgment, concluding that the verdict was not contrary to the evidence and that any errors in jury instructions were harmless.

Judgment affirmed.

Who won?

The prevailing party was the defendants, as the Court of Appeals affirmed the trial court's judgment reducing the husband's verdict to zero.

The prevailing party was the defendants, as the Court of Appeals affirmed the trial court's judgment reducing the husband's verdict to zero.

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