Johnson v. Leibel
307 Ga. App. 32
Ga. Ct. App.2010Background
- Johnson, a pediatric neurosurgeon, sued Scottish Rite Hospital in 1996 for age and gender discrimination; Leibel represented SRH.
- Fulton County jury awarded Johnson approximately $2 million; Leibel sought JNOV and a new trial based on juror misconduct.
- District court granted SRH summary judgment; Eleventh Circuit dismissed Johnson’s appeal as untimely.
- Johnson filed a legal malpractice action against Leibel alleging failure to present evidence and late notice of appeal.
- Trial court granted Leibel a new trial based on juror misconduct involving juror Arthur Letchas.
- Georgia Court of Appeals reversed the new-trial grant for juror misconduct, but affirmed on other issues, including denial of JNOV and evidentiary rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror misconduct warranted new trial? | Letchas failed to disclose past lawsuits; misconduct affected fairness. | No proven bias; disclosure would not have enabled cause challenge. | Trial court abuse of discretion; no bias shown. |
| Admissibility of expert causation testimony on underlying discrimination claim | Spanos’s testimony relevant to causation and pretext. | Expert bolstering ultimate issue improper. | Testimony admissible; proper under causation framework in legal malpractice. |
| Whether Johnson proved proximate causation to support JNOV denial | Evidence shows underlying case would have differed. | Conflicting evidence precludes one-way verdict; JNOV inappropriate. | JNOV denial supported; no basis to reverse. |
| Privilege of charge on judgmental immunity | Judgmental-immunity instruction required by record. | Charge not supported by record; not tailored to evidence. | No reversible error; charge properly refused. |
| Admissibility of evidence about missed appellate deadline | Missed deadline evidence relevant to appeal negligence. | Relevant to proximate cause; court properly admitted. | Evidence admissible; no abuse of discretion. |
Key Cases Cited
- Isaacs v. State, 259 Ga. 717 (Ga. 1989) (juror honesty disclosures and due diligence standard cited)
- Gainesville Radiology Group v. Hummel, 263 Ga. 91 (Ga. 1993) (new-trial standard—bias or prejudice proving required)
- Fertility Technology Resources v. Lifetek Medical, 282 Ga. App. 148 (Ga. App. 2006) (standard for appellate-judgment review in JNOV)