Gray v. Miller

Court of Appeals of Georgia

Gray v. Miller

305 S.E.2d 651, 166 Ga. App. 792, 1983 Ga. App. LEXIS 2333

CourtCourt of Appeals of Georgia

DecidedJune 2, 1983

Docket65788

StatusPublished

Cited by2 cases

This text of 305 S.E.2d 651 (Gray v. Miller) 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

Gray v. Miller, 305 S.E.2d 651, 166 Ga. App. 792, 1983 Ga. App. LEXIS 2333 (Ga. Ct. App. 1983).

Pincite

Opinion

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 SE2d 235). See also Nationwide &c. Ins. Co. v. Rhee, 160 Ga. App. 468 (1) (287 SE2d 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 [793]*793judgment n.o.v. was not appropriate, and the trial court erred in granting it.

Decided June 2, 1983. David J. Kelley, for appellants. Joseph B. Gray, Jr., M. Stan Ballew, for appellee.

Judgment reversed.

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

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