MORMAN-JOHNSON v. Hathaway
312 Ga. App. 300
Ga. Ct. App.2011Background
- Morman-Johnson appealed a jury verdict in favor of Hathaway and Summit Surgical Specialists on claims of medical negligence and medical battery related to removal of her abdominal mass.
- Appeal argued multiple trial-court error theories, primarily concerning jury instructions and conduct of proceedings.
- Appellant's brief did not comply with Court of Appeals rules; the court still addresses arguments to the extent ascertainable.
- The trial court recharged the jury on the physician standard of care after material omission was raised; the defense did not object after recharge.
- The court analyzed several enumerations addressing jury charge, Allen charge, and juror-related issues, but found no reversible error.
- Judgment for defendants was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver from recharge on standard of care | Morman-Johnson argues recharge emphasized error | Hathaway asserts waiver and no harm | Waiver; no reversible error found |
| Allen charge after deadlock | Allen charge unnecessary or coercive | Court acted within discretion given deadlock note | Within discretion; no abuse of discretion |
| Jury confusion from meaning of reasonable care | Jury confusion implied by deliberation question | No error shown; no specific ruling to review | Insufficient to review; no reversible error |
| Juror presence and removal during trial | Removal request implied fewer jurors remained | Record shows all jurors present at verdict | No removal occurred; issue lacks support |
Key Cases Cited
- Salazar v. State, 256 Ga.App. 50, 567 S.E.2d 706 (2002) (Ga. App. 2002) (briefs must conform to rules; court addresses issues capable of review)
- Madison Retail Suwanee v. Orion Enterprises, 309 Ga.App. 712, 711 S.E.2d 71 (2011) (Ga. App. 2011) (no review without trial ruling on issue)
- Johnson v. State, 296 Ga.App. 684, 675 S.E.2d 556 (2009) (Ga. App. 2009) (failure to object after recharge results in waiver)
- Kent v. Henson, 174 Ga.App. 400, 330 S.E.2d 126 (1985) (Ga. App. 1985) (recharge standard language approved)
- Chung v. State, 240 Ga.App. 394, 523 S.E.2d 615 (1999) (Ga. App. 1999) (discretion to recharge after jury inquiry)
- Milligan v. State, 307 Ga.App. 1, 703 S.E.2d 1 (2010) (Ga. App. 2010) (Allen charge discretion under review)
- Ga. Communications Corp. v. Horne, 174 Ga.App. 69, 329 S.E.2d 192 (1985) (Ga. App. 1985) (Allen charge context and juror note handling)