Plаintiff sued defendant for injuries incurred in an automobile accident. The jury returned a verdict in favor of defendant, and plaintiff brings this appeal assigning error to that portion of the trial court’s jury chаrge on equally balanced evidence. After charging on the burden of proof and the prеponderance of the evidence, thе court charged: “I instruct you that if in the opinion of the jury the evidence on each side is equally balanced, if you the jury believe the witnesses оn each side equally credible, if you the jury beliеve the evidence is just as strong on one side аs the other, then the Plaintiff would not have carriеd the burden of proof as to such issues by a preponderance of the evidence, and on such issues you find this condition to exist, . . . you should find in favоr of the Defendant.”
We first note that although plaintiff objected to this charge during the charge conference, she raised no objections whatsoever upon inquiry by the trial court following thе charge. “An objection to an instruction which is mаde during a charge conference, but which is not made or reiterated following the giving of the charge, fails to preserve the matter for rеview by an appellate court. The requirеment is
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that there be a proper objection
after
the court instructed the jury and before the jury rеturned a verdict. [A]n objection made only at а charge conference is insufficient to рreserve an issue for appeal. . . .” (Citations and punctuation omitted.)
Brown v. Sims,
Furthermore, “[n]othing appears to bring the [enumeration] within the scope of [OCGA § 5-5-24 (c)], which eliminates the necessity of аn objection to instructions which show substantial errоr as a matter of law, explained ... as ‘blatantly apparent and prejudicial to the еxtent that it raises the question of whether the losing party has, to some extent at least, been dеprived of a fair trial because of it.’ [Cit.]”
Atlanta Americana &c. Corp. v. Sika Chem. Corp.,
Judgment affirmed.