Summary
In McDonald v. Vaughan, 115 Ga. App. 544 (154 S.E.2d 871) (1967), where the total special damages were $2,900 and plaintiff only recovered $1,300, plaintiff argued that, to authorize the verdict in her favor could only denote a finding that defendant's negligence exceeded her own and, under the comparative negligence rule, her damages could not be reduced to less than 51 percent.
Summary of this case from Starks v. RobinsonOpinion
42635.
ARGUED MARCH 6, 1967.
DECIDED APRIL 7, 1967.
Action for damages. Fulton Superior Court. Before Judge McKenzie.
Northcutt Edwards, Kenneth Doss, for appellant.
Gambrell, Harlan, Russell Moye, Edward W. Killorin, George W. Hart, for appellee.
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 S.E. 680); Baggett v. Jackson, 79 Ga. App. 460, 466 ( 54 S.E.2d 146); Cox v. Nix, 87 Ga. App. 837, 840 ( 75 S.E.2d 331); Butler v. Stewart, 112 Ga. App. 293, 294 ( 145 S.E.2d 47); Parrott v. Fletcher, 113 Ga. App. 45 ( 146 S.E.2d 923); Powers v. Pate, 107 Ga. App. 25, 27 ( 129 S.E.2d 193); accord Southern R. Co. v. Rumsey, 124 Ga. 742 ( 52 S.E. 812); Brown v. Service Coach Lines, 71 Ga. App. 437, 448 ( 31 S.E.2d 236).
The trial court did not err in overruling the plaintiff's motion for new trial on the ground enumerated.
Judgment affirmed. Felton, C. J., and Eberhardt, J., concur.