JENNINGS v. MOSS

McMURRAY, Presiding Judge.

In this tort action, plaintiff Elzbieta Jennings sought to recover for personal injuries sustained when, while plaintiff was a pedestrian ". . . within a designated and light controlled pedestrian cross walk . . .," she was struck by an automobile driven by defendant David Ray Moss. Defendant admitted ". . . that his vehicle struck the Plaintiff on December 18, 1996 as he was turning left onto Manchester Expressway from Hamilton Road, . . ." but denied the material allegations of negligence. The case was tried before a jury, which found for plaintiff in the amount of $1,500.00. From the judgment entered on the jury's verdict, plaintiff brings this direct appeal. Held:

"Appeals in all actions for damages in which the judgment is $10,000.00 or less . . . shall be by application in the nature of a petition . . . [for discretionary appeal.]" OCGA §§ 5-6-35 (a) (6) and 5-6-35 (b). "In the case sub judice, 'this final judgment awards [tort] damages in an amount less than $10,000.00 and so require(s) an application for discretionary appeal. . . .' English v. Delbridge, 216 Ga. App. 366, 367 ( 454 S.E.2d 175). `The [plaintiff] failed to follow that procedure in this case, and this direct appeal must be dismissed. See Walker v. City of Macon, 166 Ga. App. 228 ( 303 S.E.2d 776) (1983).' Simpkins v. Minks, 175 Ga. App. 729 ( 334 S.E.2d 340)." Hill v. Rose Electric Co., 220 Ga. App. 603, 604 ( 469 S.E.2d 844).

Appeal dismissed. Andrews, C.J., and Ruffin, J., concur.