GRAY 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.