Bolah v. Driskell
318 Ga. App. 405
Ga. Ct. App.2012Background
- Bolah sued Driskell for injuries from a multi-vehicle collision; jury defense verdict; trial court entered judgment and denied new trial.
- During trial, Bolah testified about the prior motorcycle accident injuries and claimed they did not impair work performance or require further treatment.
- Driskell cross-examined Bolah and sought to admit a $20,000 settlement Bolah received for the prior accident.
- The trial court admitted the settlement evidence to impeach Bolah's credibility about the extent of the prior injuries.
- Appellate review was for abuse of discretion; court affirmed admission as relevant to impeachment and not unduly prejudicial.
- Outcome: judgment affirmed on appeal; decision decided November 7, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether settlement evidence was admissible for impeachment | Bolah | Driskell | Not an abuse of discretion; admissible for impeachment |
Key Cases Cited
- Stovall v. DaimlerChrysler Motors Corp., 270 Ga. App. 791 (Ga. App. 2004) (evidentiary decisions reviewed for abuse of discretion)
- Goforth v. Wigley, 178 Ga. App. 558 (Ga. App. 1986) (settlement amount generally irrelevant to admissibility of prior injury evidence)
- Fred F. French Mgmt. Co. v. Long, 169 Ga. App. 702 (Ga. App. 1983) (workers’ compensation benefits not admissible to impeach unrelated injury testimony)
- Pouncey v. Adams, 206 Ga. App. 126 (Ga. App. 1992) (impeachment evidence may be admitted when relevant to credibility)