Manning v. Powell

Court of Appeals of Georgia

Manning v. Powell

253 S.E.2d 471, 149 Ga. App. 58, 1979 Ga. App. LEXIS 1718

CourtCourt of Appeals of Georgia

DecidedFebruary 1, 1979

Docket55301

StatusPublished

This text of 253 S.E.2d 471 (Manning v. Powell) 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

Manning v. Powell, 253 S.E.2d 471, 149 Ga. App. 58, 1979 Ga. App. LEXIS 1718 (Ga. Ct. App. 1979).

Pincite

Opinion

Shulman, Judge.

In light of the Supreme Court’s reversal of this court’s decision in Manning v. Powell, 146 Ga. App. 579 (246 SE2d 704) (see Powell v. Manning, 242 Ga. 778 (251 SE2d 522) (1979)), it is necessary to reconsider this case.

1. A review of the evidence shows that plaintiff failed to establish any of the threshold requirements of Code Ann. § 56-3410b (a) for recovery of noneconomic loss. Because the plaintiff failed to carry his burden of demonstrating serious injury, recovery of noneconomic loss was not authorized and the verdict against him was demanded.

2. Remaining enumerations do not allege any errors which would have interfered with plaintiffs proof of serious injury. Accordingly, the asserted errors could not have harmed plaintiff and need not be considered.

Judgment affirmed.

Bell, C. J., and Birdsong, J., concur.

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