This personal injury case arises out of a collision wherein the ve
1. The appellant, defendant below, contends the trial court erred in excluding evidence of a “first-offender” conviction in federal court under the Youth Corrections Act, 18 USC 5010 (a), for motor vehicle theft, for impeachment purposes.
The Georgia courts have held that a guilty plea under the Georgia First Offender Act (OCGA § 42-8-60 et seq.) may be used in a criminal trial to impeach a state’s witness,
Favors v. State,
In
Hightower v. Gen. Motors Corp.,
We find it unnecessary to go further and determine whether Wigley’s set-aside conviction for motor vehicle theft under the federal act was admissible to impeach him generally in this case (see
James v. State,
2. The trial court did not err in refusing to allow testimony as to the fact and details of the settlement of a previous claim by Mrs. Wigley against another driver in another auto collision which occurred two years earlier. Appellant Goforth contends the evidence of that $15,000 settlement was pertinent to prove her point that the plaintiff never visited her doctor after she received that settlement until she was allegedly injured in this case, i.e., that she was “cured” of her ailments arising out of the earlier collision by her receipt of compensation for them. Goforth calls this “compensation cure.” Goforth contends the evidence would have enabled the jury to determine accurately the extent and origin of Mrs. Wigley’s injuries complained of in this case, and whether Mrs. Wigley was exaggerating her symptoms so as to strengthen her claims.
The record shows that Goforth was not restricted in introducing evidence and cross-examining as to the fact of the earlier wreck and
The plaintiff did not deny she had suffered injuries in the earlier incident, and Goforth was permitted the right to explore those injuries thoroughly; the jury was thus well enabled to determine whether this collision with Goforth, or the earlier collision, was the cause of her present injuries. “In all cases where the object sought to be proved can be proved without violation of a rule of evidence designed to prohibit prejudice, it should be done so, and the rule not broken unless by necessity, or where the merit of the evidence clearly outweighs its prejudice.” Fred F. French Mgt. Co., p. 704.
3. Appellant Goforth contends the trial court erred in allowing, over objection, the plaintiffs Wigley in final arguments to have one of their attorneys give the opening and the other of their attorneys to give the concluding argument, in violation of OCGA § 9-10-182. “Not more than two counsel for each side shall be permitted to argue any case, except by express leave of the court; and in no case shall more than one counsel be heard in conclusion.” (Emphasis supplied.) The appellees Mr. and Mrs. Wigley contend they were entitled by this to have one of their attorneys argue in the opening of their final arguments and the other attorney in the concluding portion of their final argument; and that in fact only one attorney argued in the concluding portion of the final arguments.
The statute at least
arguably
intended to restrict each side, plaintiffs and defendants, to one counsel in arguing “in conclusion” of the case, since it speaks in terms of the right “to argue any case.” Despite any rationale that might be offered by the appellant-defendant as to why the plaintiffs, Mr. and Mrs. Wigley, should not have been allowed more than one attorney in arguments at the close of evidence, we are convinced that the legislature perceived the distinction between opening
statements
and closing
arguments
(see
Berry
Of the few cases addressing this code section (e.g.,
Berryhill v. State,
supra;
Pealock v. Pealock,
supra,
Hines v. Donaldson,
supra;
Morris v. West,
In
Peacock v. Stinson,
We can only conclude that under authority of these two cases the statutory proscription that “in no case shall more than one counsel be
4. The trial court did not err in admitting in evidence the certified record of defendant Goforth’s indictment, plea and sentence for fraud in obtaining public assistance in Gordon Superior Court. There is no contention that she did not enter a plea of guilty, or that the record of her plea and sentence was invalid or otherwise incompetent; there was only appellant’s objection that the plea record did not contain her signature, of which there is no requirement under OCGA §§ 17-7-93 and 17-7-96.
5. Goforth contends the case should have been dismissed from Whitfield Superior Court, where it was tried, because it was originally transferred from Walker County Superior Court when it was discovered that defendant Goforth was a resident of Whitfield County. This enumeration is without merit. The Ga. Uniform Transfer Rules, adopted pursuant to Art. VI, Sec. IX, Par. I of the 1983 Const, of the State of Ga. provide that a court in one county may transfer a civil case to a court in another county when it discovers that it (the original court) lacks jurisdiction or venue or both. Uniform Transfer Rules,
There is no evidence in the record, nor objection raised, that this suit, as transferred to Whitfield County, could not be maintained because plaintiffs had not paid the costs of an earlier suit on the same subject matter in Whitfield, and dismissed. Appellant’s obligation to show error by the record is too well settled to merit restatement.
6. Finally, appellant Goforth urges as error the trial court’s charge that the jury should not reduce damages for future pain and suffering to present cash value. Goforth argues that while ordinarily damages for future pain and suffering should not be reduced to present cash value because pain and suffering is not normally susceptible to mathematical determination
(Hardin v. Victory Cab Co.,
Judgment affirmed.