Plaintiff/appellant McDaniel was a pedestrian who suffered a “serious injury” under OCGA § 33-34-2 (13) when she was struck by an insured vehicle driven by defendant/appellee Oliver. Appellee’s insurer paid appellant the basic $2,500 in medical expense compensation (see OCGA § 33-34-4 (a) (2) (A)) and, after the appellate decisions in
Jones v. State Farm &c. Ins. Co.,
The stipulation which is the source of the controversy is not a part of the appellate record because, according to the parties, it was never taken down by the court reporter. However, the parties have *110 entered into a post-trial stipulation in which they agree that they had previously stipulated that: evidence of medical bills incurred by appellant as a result of the accident could be introduced at trial; tbe jury would be instructed that, should they find for appellant on liability, such medical expenses were proper items for damages; and “the sum of such medical expenses introduced in evidence would be deducted by the trial court from any verdict in favor of [appellant], before entry of judgment.” It is the last provision of the stipulation which is the source of the present controversy.
A stipulation is “any agreement made by attorneys respecting business before the court.” 24 EGL 305, Pleading & Practice, § 136 (1974). It is binding on the parties and may not be disproved.
Goolsby v. Allstate Ins. Co.,
Appellant has neither expressed a desire to withdraw or repudiate the stipulation nor has she alleged that the stipulation was the result of fraud or duress. Instead, she contends that the trial court’s deduction from the verdict of the entire amount of medical expense compensation previously paid her was error because, she alleges, the payment of optional no-fault benefits was from a collateral source and therefore not subject to the restrictions of OCGA § 33-34-9 (b). She argues that it was only after “extensive research” that she realized that there was a question whether the optional benefits she received from appellee’s insurer after paying the additional premium were subject to deduction from the jury verdict under the terms of the stipulation. While there may be a question whether such benefits are deductible under OCGA § 33-34-9 (b), no such similar question exists with regard to the stipulation entered into by the parties, since the stipulation provides for the deduction from the jury verdict of the sum of medical expenses introduced at trial. In the absence of the trial transcript, we must conclude that the sum of medical expenses introduced into evidence at trial totaled $13,462.05. “Where the appellant fails to bring up a transcript or otherwise meet his burden of affirmatively showing error by the record, the judgment below will not be disturbed. [Cit.]”
Burns v. Barnes,
Judgment affirmed.