Barnett v. Farmer
308 Ga. App. 358
| Ga. Ct. App. | 2011Background
- June 11, 2006, Barnett's vehicle collided with the Farmers' vehicle in Bibb County; dispute over traffic light status from both sides.
- Farmers sued Barnett for personal injuries; Willie admitted damages and Shirley claimed damages; loss of consortium denied by the jury.
- Barnett appealed on five grounds including improper evidence, jury instructions, and foundation for an exhibit; Farmers cross-appealed on juror excusal and loss of consortium verdict.
- The Court of Appeals reversed, citing errors in evidence and misapplied apportionment rules under OCGA § 51-12-33.
- Court held that damages should be apportioned between Barnett and Willie for Shirley's damages, applying fault percentages even where the plaintiff bears no fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of pastor's reputation testimony | Barnett | Barnett | Pastor testimony improper; error reversible |
| Required apportionment under OCGA § 51-12-33 for Shirley's damages | Barnett | Farmers | Jury must apportion Shirley's damages by fault; not joint liability |
| Other evidentiary issues and remaining claims | Barnett | Barnett | Moot or not likely to recur on retrial |
Key Cases Cited
- Ahmed v. Clark, 301 Ga.App. 426 (2009) (credibility evidence timing and application in traffic-collision cases)
- Guest v. State, 201 Ga. App. 506 (1991) (impeachment impact on credibility and character requirements)
- Miller v. Western &c R. Co., 93 Ga. 480 (1893) (opening the door for character evidence when contradictions arise)
- Grannemann v. Salley, 95 Ga.App. 778 (1957) (transacting evidence versus character at issue in auto-collision claims)
- Cavalier Convenience v. Sarvis, 305 Ga.App. 141 (2010) (statutory interpretation and apportionment guidance)
- McReynolds v. Krebs, 307 Ga.App. 330 (2010) (apportionment required even when plaintiff bears no fault)