70448 | Ga. Ct. App. | Oct 16, 1985
Appellants Henry A. Shirley and Deborah B. Shirley sued appellee Amogene Turman Oglesby for damages to person and property arising from an automobile collision. After trial, the jury returned a verdict for appellee Oglesby.
1. Appellants assert that the court erred in denying their request for a mistrial because counsel for appellee injected the issue of insurance into the case. Counsel for appellee was questioning Mr. Shirley in an effort to impeach him in regard to the amount of property damage to his vehicle. Counsel asked Shirley if he previously had sworn under oath that the total loss and damage to his car was $542.93. Shirley said yes, and admitted that he had the car fixed for $175. Counsel then asked, “[W]hat it amounts to, you made that oath to collect money, didn’t you?” Shirley answered that he did not collect it. Counsel then asked, “Well, you got it, didn’t you?” and Shirley said yes.
Counsel for Shirley argues that this left the jury to draw the inescapable conclusion that Shirley collected insurance money, and thus warrants a mistrial. We do not agree. “ ‘ “A party to a lawsuit has the right to bring forth all relevant, material and competent facts. Although such . . . facts include the suggestion that one party carries insurance, the rule is not changed. Error arises only when a party intentionally brings before the jury on an immaterial or irrelevant matter the fact that the opposite party carries insurance.” ’ [Cit.]” UHaul Co. of Western Ga. v. Ford, 171 Ga. App. 744" court="Ga. Ct. App." date_filed="1984-07-12" href="https://app.midpage.ai/document/u-haul-of-western-ga-v-ford-1254730?utm_source=webapp" opinion_id="1254730">171 Ga. App. 744, 745 (320 SE2d 868) (1984). The purpose of the questioning was to impeach Mr. Shirley. No direct mention of insurance was made or elicited from the witness. The court did not err in denying the motion for mistrial. Nor is there merit to the argument that this testimony violated the collateral source rule.
2. Appellants’ second enumeration of error is that the trial court erred in not allowing appellant Deborah Shirley to relate fully a con
3. Appellants argue that the verdict was contrary to the evidence and the law. “ ‘It is not the responsibility of this court to weigh the evidence in regard to the action brought. Our task is merely to determine if there is sufficient evidence to authorize the trial court’s judgment. If there is any evidence to support the jury’s verdict and the trial court’s judgment, then all conflicts in the evidence will be resolved to favor the verdict.’ ” Ellis v. Cameron & Barkley Co., 171 Ga. App. 211, 213 (319 SE2d 38) (1984). We find sufficient evidence in the record to support the verdict and judgment.
4. We have examined appellants’ remaining enumerations of error and find no merit in them.
Judgment affirmed.