General Motors Corp. v. Blake

515 S.E.2d 166, 237 Ga. App. 426, 99 Fulton County D. Rep. 1464, 1999 Ga. App. LEXIS 410
CourtCourt of Appeals of Georgia
DecidedMarch 19, 1999
DocketA98A2158
StatusPublished
Cited by13 cases

This text of 515 S.E.2d 166 (General Motors Corp. v. Blake) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
General Motors Corp. v. Blake, 515 S.E.2d 166, 237 Ga. App. 426, 99 Fulton County D. Rep. 1464, 1999 Ga. App. LEXIS 410 (Ga. Ct. App. 1999).

Opinions

Beasley, Presiding Judge.

Felicia Blake was permanently crippled in an automobile collision on November 4,1992, when the driver of a taxicab lost control of the cab, crossed over into the oncoming lane of traffic, and crashed head-on into the 1988 Chevrolet Spectrum automobile driven by Blake. Blake sued the driver, the taxicab company, and General Motors Corporation, the maker of the Spectrum, claiming that crippling leg injuries she suffered in the accident were caused by a defective seat belt in the Spectrum which failed to restrain her. The other defendants were not involved in the trial, in which a jury returned a verdict in favor of Blake in the amount of $3,800,000.

1. In its first enumeration of error, General Motors (GM) claims the court erred by denying a continuance sought again by GM on the day of trial, on the basis that it was surprised and prejudiced by [427]*427Blake’s identification of an expert witness the week before, which witness Blake used allegedly to present a new theory of the case.

A motion for continuance of a trial is properly addressed to the “sound legal discretion” of a trial judge, who is in control of the management of the case in court. OCGA § 9-10-167; Work Clothes Outlet v. M & S Purchasing, 188 Ga. App. 179, 181 (2) (372 SE2d 509) (1988). The appellate court, which is far removed from the unfolding development in the life of a case in court and does not participate in its ongoing journey, is therefore bound to respect the exercise of the trial court’s discretion and reverse it only if it is “manifestly abused.” Simmons v. Simmons, 265 Ga. 183, 184 (453 SE2d 696) (1995).

This Court, like the Supreme Court as discussed in Mills v. State, 188 Ga. 616, 623-625 (4 SE2d 453) (1939), is a court for the correction of errors of law made by the trial courts.1 Oasis Goodtime Emporium I v. Cambridge Capital Group, 234 Ga. App. 641, 642 (1) (507 SE2d 823) (1998). As was said of the Supreme Court in Mills,

[w]e can not undertake to correct errors of fact. We are prohibited from so doing, and can only decide law questions. But no such limitation is placed on the judges of the superior [or, in this case, state] court. . . . Ours is the function merely to see that the law is followed. Theirs is the solemn responsibility to see to it that justice is administered according to the evidence as well as the law. ... A judge of the superior [or state] court has authority which [the Supreme Court and likewise this Court] [do] not possess.

188 Ga. at 623-624. The great power entrusted to the trial judge is a judicial discretion, justified by skill and by functional commitment to the singular purpose to serve “the great object for which courts are established — to administer justice according to law.” Id. at 624.

The judicial conscience is applied when a trial judge is called upon to exercise discretion. To say that as a matter of law that discretion was abused is a matter of no small moment. As related to denial of a trial continuance, not only does a legal conclusion of abuse derail the case from its journey to finality and require costly and lengthy and wearing retrial, but with hindsight it second-guesses a trial court in managing the case.

The denial of a continuance in this case did not exceed the broad bounds of discretion. We cannot say that it was outside the law’s contemplation to require General Motors Corporation to proceed.

The complaint was filed in October 1994, and the first motion for [428]*428continuance sought a delay beyond Monday, April 28, 1997. The motion had been filed on Thursday, April 17. It gave as reason that GM did not yet know the identity of plaintiff’s experts on the subject of seat belt manufacture, design, and performance and thus could not depose them to discover their opinions on those subjects as well as vehicle speed, force of impact, occupant kinematics and injury causation. The motion was argued in chambers, without being reported, on Tuesday, April 22 (defendant’s recollection) or Thursday, April 24 (the court’s recollection). At that time it was denied.

Defendant renewed the motion in a five-sentence argument on Monday, trial day, based on a vague reference to deposition testimony given on Friday. Plaintiff responded, defendant briefly replied, and the court, unpersuaded by the recitation, again denied the motion. Defendant had filed a number of other motions in the interim between filing the motion for continuance and the commencement of trial, and a pretrial order had been entered. The consolidated pretrial order entered April 23 states: “Since the case will take longer than one week to try, General Motors requests that it be specially set or held in place until it becomes the first case on a trial calendar.”

The renewal of the motion was based on the fact that on the previous Friday, GM “deposed for the first time [plaintiffs] liability expert, and that’s the expert who is testifying as to what they believe was the defect in this automobile, and who is an expert who had been identified a week or so earlier.” Defendant stated that at the deposition it “learned for the first time” the theory of defect which plaintiff would travel on, which it had not known previously and that there were other experts still to be deposed. GM did not explain how the theory differed or how it would be prejudiced. It simply stated that severe prejudice to defendant would result unless there was time for additional discovery.

Plaintiff responded by pointing out that there was no change in the allegation of negligence that had been advanced all along, i.e., that the seat belt did not hold her or her passenger upon impact. She did not know exactly why it did not hold and thought at first it was attributable to a design or manufacturing defect in the buckle. But that had been fairly conclusively eliminated by the experts during arbitration as the locus of the failure. Plaintiff pointed out that a number of experts on both sides of the case had examined the apparatus and that although there was a change in the theory pinpointing exactly what failed, the substance of the allegation remained the same. She assured the court that although one expert on each side still had to be deposed, that could be done without again delaying the trial. Plaintiff expressed the fear that, because of what had been said at the chambers hearing, defendant would further elongate and [429]*429expand the whole proceeding by pursuing a motion for summary judgment and was using the motion for continuance to achieve that purpose. Defendant replied briefly that its try for summary judgment was based on a lack of expert evidence of defect, and that additional discovery was necessary to prevent prejudice to GM.

The court took all of this into account, including the fact the case had been set for trial once before but had come off the calendar with the consent of all parties, and it denied the renewal motion.

The court cannot be faulted. First, GM’s argument for continuance did not elucidate the “surprise” of the new theory allegedly discovered the preceding Friday. The key to its request to stop the process was shrouded in the single sentence that it had learned that “the theory of defect had changed from the pleadings and responses to discovery . . . previously . . .

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General Motors Corp. v. Blake
515 S.E.2d 166 (Court of Appeals of Georgia, 1999)

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Bluebook (online)
515 S.E.2d 166, 237 Ga. App. 426, 99 Fulton County D. Rep. 1464, 1999 Ga. App. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-motors-corp-v-blake-gactapp-1999.