Hart v. Groves
311 Ga. App. 587
Ga. Ct. App.2011Background
- Groves was injured in an automobile accident and retained Hart to represent her in a personal injury claim.
- The liability settlement with the other driver was $25,000, while Groves had potential underinsured motorist (UM) coverage up to $275,000.
- Hart failed to require a limited release to preserve Groves's UM claim and instead advised a general release and dismissal of the suit.
- Hart admitted negligence for extinguishing Groves's potential UM benefits claim.
- Groves presented evidence of medical expenses >$25,000 and claimed damages for lost UM benefits; Hart contested causation and recovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Evidence of disability-offset amount | Groves argues the offset reduced UM recovery. | Hart contends admissibility; seeks to admit disability-offset evidence. | Court found no ruling on admissibility; waiver applies. |
| Admission of Groves email containing hearsay | Groves argues email explains Hart's conduct and is admissible for nonhearsay purpose. | Hart contends email contains hearsay. | Court admitted email for conduct explanation; harmless error as cumulative. |
Key Cases Cited
- Williams v. Resurgens, etc., Orthopaedists, 267 Ga.App. 578 (2004) (no ruling on admissibility; waiver when no ruling)
- Buttles v. State, 229 Ga.App. 300 (1997) (hearsay exception for nonhearsay use; admissibility reviewed)