Macon-Bibb County Hospital Authority v. Miller

Court of Appeals of Georgia

Macon-Bibb County Hospital Authority v. Miller

348 S.E.2d 752, 180 Ga. App. 231, 1986 Ga. App. LEXIS 2100

CourtCourt of Appeals of Georgia

DecidedSeptember 5, 1986

Docket72648

StatusPublished

Cited by1 cases

This text of 348 S.E.2d 752 (Macon-Bibb County Hospital Authority 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.

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Macon-Bibb County Hospital Authority v. Miller, 348 S.E.2d 752, 180 Ga. App. 231, 1986 Ga. App. LEXIS 2100 (Ga. Ct. App. 1986).

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Opinion

Sognier, Judge.

Betty Miller brought this medical malpractice action against Macon-Bibb County Hospital Authority, d/b/a Medical Center of Central Georgia (Medical Center). The Medical Center answered admitting liability and the case was tried by the jury on the sole issue of damages to be awarded to Miller for pain and suffering. The Medical Center appeals from the judgment entered on the jury’s verdict.

1. Appellant contends the trial court erred by failing to charge the jury on the issue of impeachment by contradictory statements. Appellant argues that such a charge was required because appellee was impeached at trial by use of a prior inconsistent statement. Although following the trial court’s charge to the jury, appellant orally requested the court to give its standard charge on impeachment, no such written request was submitted. Since appellant failed to submit an appropriate written request to charge on the subject of the impeachment of witnesses, the court did not err by refusing to give the charge. Clonts v. Scholle, 172 Ga. App. 721, 723 (3) (324 SE2d 496) (1984). Further, the evidence does not show that the witness in question contradicted herself as contended by appellant, and, therefore, a charge on impeachment was not authorized. DeKalb County v. Queen, 135 Ga. App. 307, 311 (9) (217 SE2d 624) (1975).

2. Appellee has moved this court to award damages pursuant to OCGA § 5-6-6 contending this appeal has been filed for purposes of delay only. While we have found no merit in appellant’s enumeration of error, we do not conclude that the enumeration was so specious as to warrant the conclusion that the appeal was taken for the purposes of delay only. Therefore, the motion for the assessment of penalty is denied.

Judgment affirmed.

Banke, C. J., and Birdsong, P. J., concur. [232]*232Decided September 5, 1986. Joseph W. Popper, Jr., Susan S. Cole, for appellant. Jane M. Jordan, Neal D. McKenney, for appellee.

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Sognier, Judge.

Betty Miller brought this medical malpractice action against Macon-Bibb County Hospital Authority, d/b/a Medical Center of Central Georgia (Medical Center). The Medical Center answered admitting liability and the case was tried by the jury on the sole issue of damages to be awarded to Miller for pain and suffering. The Medical Center appeals from the judgment entered on the jury’s verdict.

1. Appellant contends the trial court erred by failing to charge the jury on the issue of impeachment by contradictory statements. Appellant argues that such a charge was required because appellee was impeached at trial by use of a prior inconsistent statement. Although following the trial court’s charge to the jury, appellant orally requested the court to give its standard charge on impeachment, no such written request was submitted. Since appellant failed to submit an appropriate written request to charge on the subject of the impeachment of witnesses, the court did not err by refusing to give the charge. Clonts v. Scholle, 172 Ga. App. 721, 723 (3) (324 SE2d 496) (1984). Further, the evidence does not show that the witness in question contradicted herself as contended by appellant, and, therefore, a charge on impeachment was not authorized. DeKalb County v. Queen, 135 Ga. App. 307, 311 (9) (217 SE2d 624) (1975).

2. Appellee has moved this court to award damages pursuant to OCGA § 5-6-6 contending this appeal has been filed for purposes of delay only. While we have found no merit in appellant’s enumeration of error, we do not conclude that the enumeration was so specious as to warrant the conclusion that the appeal was taken for the purposes of delay only. Therefore, the motion for the assessment of penalty is denied.

Judgment affirmed.

Banke, C. J., and Birdsong, P. J., concur. [232]*232Decided September 5, 1986. Joseph W. Popper, Jr., Susan S. Cole, for appellant. Jane M. Jordan, Neal D. McKenney, for appellee.

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348 S.E.2d 752, 180 Ga. App. 231, 1986 Ga. App. LEXIS 2100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macon-bibb-county-hospital-authority-v-miller-gactapp-1986.

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