Moore v. Stewart
315 Ga. App. 388
| Ga. Ct. App. | 2012Background
- Moore guardians sued Stewart for Boone's injuries from a November 7, 2007 vehicle collision; verdict favored Stewart.
- Moores moved for judgment notwithstanding the verdict (JNOV) or, alternatively, a new trial; trial court denied both motions.
- On appeal, the court affirmed denial of JNOV but vacated the denial of a new trial and remanded for proper application of the standard.
- Evidence showed Boone's collision with Vangilla and Stewart's vehicle; Stewart's reconstructionist attributed Boone as the initial cause, while the Moores argued Stewart caused the initial collision by rear-ending Boone.
- Moores presented witnesses supporting Stewart as the initial wrongdoer; Stewart impeached witnesses; jury resolved conflicting evidence in Stewart's favor.
- The trial court referenced the 'any evidence' standard for JNOV and stated jury credibility determinations; the court failed to apply the proper 'thirteenth juror' standard for a new trial under OCGA § 5-5-20.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict is supported by any evidence | Moores contend Stewart had no evidence supporting verdict. | Stewart argues evidence supported the verdict and conflicts were for the jury. | Denial of JNOV affirmed. |
| Whether the court properly denied a new trial under OCGA § 5-5-20 | Moores claim the court failed to apply the 'thirteenth juror' standard. | Stewart contends proper standard was used or not applicable. | Remand for proper application of the 5-5-20 standard. |
| Whether procedural bar under OCGA § 9-11-50(b) affected the motions | Moores assert directed verdict issue was not correctly analyzed; 9-11-50(b) bar applied incorrectly. | Stewart maintains correct procedural analysis was applied. | Procedural bar found only for JNOV; remand Clarifies issue does not sustain new-trial denial. |
Key Cases Cited
- Hartley v. State, 299 Ga.App. 534 (Ga. App. 2009) (thirteenth juror standard for new trials)
- Beasley v. Paul, 223 Ga.App. 706 (Ga. App. 1996) (distinction between any-evidence standard for JNOV and weight-of-evidence standard for new trial)
- Alvelo v. State, 288 Ga. 437 (Ga. 2011) (trial court must apply proper standard when weighing credibility and weight of evidence)
- Tolbert v. State, 313 Ga.App. 46 (Ga. App. 2011) (court's statements on credibility and weight of evidence indicate proper standard application)
- Brown v. Service Coach Lines, 71 Ga.App. 437 (Ga. App. 1944) (presumption of trial court exercise of discretion in new-trial rulings)