Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GRAY et al. v. MILLER.

SHULMAN, Chief Judge.

Appellee brought suit against appellant for personal injuries. The jury's verdict for appellee was significantly less than he had sought, so he moved for a new trial or, in the alternative, a judgment notwithstanding the verdict. The trial court granted a judgment notwithstanding the verdict, awarding appellee the full amount of his proven medical expenses. The judgment is enumerated as error.

"Under [OCGA § 9-11-50 (b)] a motion for directed verdict is a condition precedent to a subsequent motion for judgment n.o.v. . . . [Cits.]" Whitman v. Burden, 155 Ga. App. 67 (1) ( 270 S.E.2d 235). See also Nationwide c. Ins. Co. v. Rhee, 160 Ga. App. 468 (1) ( 287 S.E.2d 257). Our review of the record and transcript reveals that no motion for directed verdict was made in this case. It follows that a motion for judgment n.o.v. was not appropriate, and the trial court erred in granting it.

Judgment reversed. McMurray, P. J., and Birdsong, J., concur.

DECIDED JUNE 2, 1983.
Use AI to get other relevant cases.

Comments

GRAY v. MILLER
(Jun 2, 1983)