McDonald v. Vaughan

McDonald v. Vaughan, 154 S.E.2d 871 (Ga. Ct. App. 1967)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: April 7, 1967
Docket: No. 42635
Judges: Hall
Citations: 154 S.E.2d 871115 Ga. App. 5441967 Ga. App. LEXIS 1164

Cited by 6

Opinion of the Court — Hall

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Hall, Judge.

The plaintiff in this case enumerates as error that the verdict of $1,300 is wholly inadequate to compensate her for the injuries she received, on the ground that there was undisputed evidence that the plaintiff had special damages of $2,900. The plaintiff argues that to authorize a verdict in her favor the defendant’s negligence would have to be greater than her own and, under the comparative negligence rule, the damages could not be reduced to less than 51% of the total special damages.

The decided cases, however, do not support the plaintiff’s argument but would support any apportionment of damages the jury sees fit to make when the negligence of both parties contributes to the injuries but the plaintiff’s to a lesser degree than the defendant’s. Moore v. Sears Roebuck & Co., 48 Ga. App. 185, 186 ( 172 SE 680 ); Baggett v. Jackson, 79 Ga. App. 460, 466 ( 54 SE2d 146 ); Cox v. Nix, 87 Ga. App. 837, 840 ( 75 SE2d 331 ); Butler v. Stewart, 112 Ga. App. 293, 294 ( 145 SE2d 47 ); Parrott v. Fletcher, 113 Ga. App. 45 ( 146 SE2d 923 ); Powers v. Pate, 107 Ga. App. 25, 27 ( 129 SE2d 193 ); accord Southern R. Co. v. Rumsey, 124 Ga. 742 ( 52 SE 812 ); Brown v. Service Coach Lines, 71 Ga. App. 437, 448 ( 31 SE2d 236 ).

The trial court did not err in overruling the plaintiff’s motion for new trial on the ground enumerated.

Judgment affirmed.

Northcutt & Edwards, Kenneth Doss, for appellant. Gambrell, Harlan, Bussell & Moye, Edward W. Killorin, George W. Hart, for appellee.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →

Relies on it most ⓘ

Starks v. Robinson375 S.E.2d 86 (Ga. Ct. App. 1988)
Trievel v. Sabo714 A.2d 742 (Del. 1998)
Seaboard Coast Line Railroad v. Daugherty164 S.E.2d 269 (Ga. Ct. App. 1968)
Wright v. Satilla Rural Electric Cooperative345 S.E.2d 892 (Ga. Ct. App. 1986)
Fargason v. Pervis227 S.E.2d 464 (Ga. Ct. App. 1976)
SOUTHERN RAILWAY COMPANY v. Brunswick Pulp & Paper Co.376 F. Supp. 96 (S.D. Ga. 1974)

Most recent

Trievel v. Sabo714 A.2d 742 (Del. 1998)
Starks v. Robinson375 S.E.2d 86 (Ga. Ct. App. 1988)
Wright v. Satilla Rural Electric Cooperative345 S.E.2d 892 (Ga. Ct. App. 1986)
Fargason v. Pervis227 S.E.2d 464 (Ga. Ct. App. 1976)
SOUTHERN RAILWAY COMPANY v. Brunswick Pulp & Paper Co.376 F. Supp. 96 (S.D. Ga. 1974)
Seaboard Coast Line Railroad v. Daugherty164 S.E.2d 269 (Ga. Ct. App. 1968)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

Depth	Case	Cited by
	Brown v. Serv. Coach Lines Inc., 31 S.E.2d 236 (Ga. Ct. App. 1944)	26
	Baggett v. Jackson, 54 S.E.2d 146 (Ga. Ct. App. 1949)	23
	Powers v. Pate, 129 S.E.2d 193 (Ga. Ct. App. 1962)	17
	Parrott v. Fletcher, 146 S.E.2d 923 (Ga. Ct. App. 1966)	7
	Cox v. Nix, 75 S.E.2d 331 (Ga. Ct. App. 1953)	7
	Butler v. Stewart, 145 S.E.2d 47 (Ga. Ct. App. 1965)	5
	Moore v. Sears Roebuck & Co., 172 S.E. 680 (Ga. Ct. App. 1934)	4
	Southern Ry. Co. v. Rumsey, 52 S.E. 812 (Ga. 1906)	2

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