Bennett v. Moore
312 Ga. App. 445
Ga. Ct. App.2011Background
- Moore sued Bennett in Georgia state court for personal injuries arising from a collision on I-95; Counts 1 and 2 alleged negligence and negligent infliction of emotional distress (based on physical injuries), Count 3 alleged NIED for witnessing grandson Kevin Moore’s ejection and injuries; Bennett moved for summary judgment on Count 3 arguing zone-of-impact limits apply; trial proceeded with extensive evidence including Kevin’s injuries and Moore’s emotional distress; trial court granted Bennett partial summary judgment on Count 3 and later entered judgment on Count 3 in Bennett’s favor; jury awarded Moore $350,000 on Counts 1 and 2; on appeal Bennett challenges Count 3 ruling, evidentiary rulings, jury instructions, and damages, seeking reversal or remand for damages only
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sudden-emergency instruction was improper | Moore | Bennett | No reversible error; instruction not prejudicial to Bennett; could have aided Bennett |
| Whether Moore could recover on Count 3 under zone-of-impact | Moore | Bennett; Moore cannot recover absent witnessing death of a child/spouse | Moore precluded on Count 3; Bennett entitled to judgment on Count 3 on remand for that issue |
| Whether Bennett was entitled to a directed verdict on future medical expenses | Moore | Bennett | Directed verdict on future medical expenses should have been granted in Bennett’s favor on remand |
| Whether admission of prejudicial evidence and lack of proper damages instructions affected damages | Moore | Bennett | Reversal regarding damages; remand for retrial on damages for Counts 1 and 2; Count 3 evidence improper and damaged proceedings; inadequate damages instructions |
Key Cases Cited
- Lee v. State Farm, etc., Ins. Co., 272 Ga. 583 (2000) (impact rule for emotional distress from witnessing serious injury)
- McCunney v. Clary, 259 Ga.App. 260 (2003) (emotional distress not recoverable for witnessing nonfatal injuries to spouse/child)
- RNW Family Partnership v. Dept. of Transp., 307 Ga.App. 108 (2010) (proper scope and timing of jury instructions; harmful error if misdirected)
- Buford-Clairmont Co. v. RadioShack Corp., 275 Ga.App. 802 (2005) (need for error to be harmful and properly preserved)
- F.A.F. Motor Cars v. Childers, 181 Ga.App. 821 (1987) (evidence necessary to support future medical costs; directed verdict standard)
- Mayor, etc., of Washington v. Harris, 144 Ga. 102 (1915) (cautionary note on curing charge defects with closing arguments)