Morris v. Turnkey Medical Engineering, Inc.
317 Ga. App. 295
Ga. Ct. App.2012Background
- Morris sustained injuries from an MRI machine explosion that Turnkey had serviced prior to decommissioning.
- Jury awarded Morris $50,000 in compensatory damages for negligence against Turnkey; judgment entered; motion for new trial denied.
- Morris argues trial court improperly excluded him from the courtroom and restricted his presence during trial.
- Morris contends the defense-biased physician was ordered to examine him and his counsel could not be present during the examination.
- Morris challenges the trial court’s handling of exhibits and argues the verdict amount was inadequate in light of the evidence.
- Georgia Supreme Court case law on a party’s right to be present and retroactive application of new principles informs the reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morris was improperly excluded from trial in violation of due process | Morris | Turnkey | Exclusion was error; new trial required |
| Whether the OCGA 9-11-35 medical examination order and counsel presence were proper | Morris | Turnkey | Order proper; counsel presence issue waived |
| Whether the trial court properly handled admitted exhibits during jury deliberations | Morris | Turnkey | Not addressed as separate issue in result; remand for new trial |
| Whether the verdict amount was inadequate and against the evidence warranting a new trial | Morris | Turnkey | Remand for new trial; verdict inadequate on remand |
Key Cases Cited
- Kesterson v. Jarrett, 291 Ga. 380 (2012) (retroactivity of new judicial principles; right to be present secured by alternatives to exclusion)
- Banks v. ICI Americas, 266 Ga. 607 (1996) (right to be present at trial; trial courts may restrict under certain conditions)
- Ellis v. State, 272 Ga. 763 (2000) (guide for preserving substantial rights of litigants on appeal)
- Abu-Khdeir v. T. J. Maxx, 191 Ga. App. 523 (1989) (citing multiple times on evidentiary and trial-rights principles)
- Ga. Railroad & Banking Co. v. Tice, 124 Ga. 459 (1905) (right to remain in court during trial; long-standing rule)
- Walden v. MARTA, 161 Ga. App. 725 (1982) (party to issue on trial has a right to be present)