369 S.E.2d 525 | Ga. Ct. App. | 1988
Lead Opinion
Nick and Lisa Cox filed an action in multiple counts against General Motors Corporation, alleging that an automobile they purchased was defective. The jury returned a verdict in favor of General Motors, and after denial of their motion for a new trial, the Coxes appeal.
In their sole enumeration of error, appellants contend the trial court deprived them of their right to a fair and impartial jury verdict by impermissibly expressing an opinion when responding to a question posed by the jurors during the course of their deliberations. The question posed by the jurors was as follows: “We, the jury, think there should be some monetary award. The amount can’t be agreed on. We do agree that the $13,000 revocation on the automobile should
First, “ ‘[t]he jury have the right and power to correct or change their verdict at any time before it has been finally recorded and they have been discharged.’ [Cits.]” Sears, Roebuck & Co. v. Chandler, 152 Ga. App. 427, 432 (2) (263 SE2d 171) (1979). Thus, appellants may not rely on the jury’s indication that it was considering a monetary award in favor of them.
Second, it is clear that unlike the situation in Garner v. Young, 214 Ga. 109 (103 SE2d 302) (1958), Benefield v. Benefield, 224 Ga. 208 (160 SE2d 895) (1968), and Graham v. Malone, 105 Ga. App. 863 (126 SE2d 272) (1962), cases cited by appellants, in which the trial court’s remarks clearly expressed an opinion and removed at least one issue from jury consideration, in the case sub judice the trial court’s answer did not itself express an opinion. Rather, because the jury did not ask the court about liability but the trial court’s response made reference to that issue, appellants’ objection to the recharge is based on a perceived overemphasis on the question of liability. However, the trial court “has a discretion in supplementing the charge or in giving an additional charge to the jury.” Southern R. Co. v. Lee, 59 Ga. App. 316, 319 (6) (200 SE 569) (1938), cited in Barnes v. State, 71 Ga. App. 9, 13 (29 SE2d 919) (1944). The trial court’s statement in the case sub
Judgment affirmed.
Concurrence Opinion
concurring specially.
While concurring fully with the majority opinion, a brief comment will be made as to the case of Southern R. Co. v. Lee, 59 Ga. App. 316 (200 SE 569) (1938), cited in the majority opinion. It was written by Presiding Judge Stephens with Judge Felton concurring and Judge Sutton dissenting. In 1938 when this case was written there were six judges on our court, and a two-to-one decision would not go whole court, as it would today. Therefore, a two-to-one decision during that era would have precedential value, whereas today it would become a whole court case and considered by all nine judges.