McDowell v. Hartzog
312 Ga. App. 162
Ga. Ct. App.2011Background
- McDowell appeals denial of his motion for new trial after a jury verdict for Hartzog and Optimus Solutions on a traffic-accident claim.
- The accident occurred September 2, 2005, when McDowell, after leaving the hospital, collided with Hartzog's Isuzu Rodeo at Walnut Avenue near College Avenue in Dalton, Georgia.
- Eyewitness Griggs described McDowell's vehicle as speeding with tire smoke, striking Hartzog after veering into the Rodeo.
- The intersection had been reconfigured prior to trial, including removal of obstructing trees and changes to the stop line; McDowell himself acknowledged these modifications.
- McDowell challenged a jury instruction on failing to stop at a light and challenged certain evidence and photographs concerning the intersection's safety and configuration.
- The trial court denied McDowell's motions for new trial; the appellate court reviews the sufficiency of the evidence and admissions de novo for issues raised on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether objection to stop-light instruction was adequate | McDowell objected to the stop-light charge | Hartzog contends objection was insufficient and not preserved | No reversible error; inadequate preservation |
| Admission of Hartzog's medical treatment evidence | McDowell elicited injury and treatment evidence; cannot complain | Evidence is admissible as relevant to damages and causation | Admissible; not error |
| Testimony and photographs about intersection safety and reconfiguration | Evidence about safety and reconfiguration was improperly admitted | McDowell introduced the reconfiguration and did not object to photos | No error; evidence was properly admitted or invited by McDowell |
Key Cases Cited
- MARTA v. Green Intl., 235 Ga.App. 419 (Ga. Ct. App. 1998) (appellate review of jury verdicts; weight and credit for jurors)
- Sims v. GT Architecture Contractors Corp., 292 Ga.App. 94 (Ga. Ct. App. 2008) (regarding preservation of charging errors)
- Ahmed v. Clark, 301 Ga.App. 426 (Ga. Ct. App. 2009) (admissibility and physician testimony relevance)
- Thrash v. Rahn, 249 Ga.App. 351 (Ga. Ct. App. 2001) (admissibility and evidentiary considerations)
- Locke's Graphic & Vinly Signs v. Citicorp Vendor Finance, 285 Ga.App. 826 (Ga. Ct. App. 2007) (argument not raised in trial court waived on appeal)