Rice v. Rumph

Court of Appeals of Georgia

Rice v. Rumph

319 S.E.2d 125, 171 Ga. App. 301, 1984 Ga. App. LEXIS 2176

CourtCourt of Appeals of Georgia

DecidedJune 22, 1984

Docket68102

StatusPublished

Cited by1 cases

This text of 319 S.E.2d 125 (Rice v. Rumph) 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

Rice v. Rumph, 319 S.E.2d 125, 171 Ga. App. 301, 1984 Ga. App. LEXIS 2176 (Ga. Ct. App. 1984).

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Opinion

Carley, Judge.

Appellant brought suit against appellee seeking to recover damages sustained in a two-car collision. The case was submitted to a jury and a verdict for appellee was returned. Appellant’s motion for new trial was denied. He appeals, enumerating as error the giving of a charge on legal accident.

During the pre-charge conference, the trial court announced that [302]*302it would give a charge on legal accident. Counsel for appellant responded that “for the record, we will object to the charge in reference to accident at this particular time.” (Emphasis supplied.) Thereafter, closing arguments were made and the jury charge was given. As the trial judge had indicated, the charge included instructions on legal accident. At the conclusion of the charge, the trial court asked counsel if there were any exceptions or objections. Counsel for appellant replied: “We have none, your Honor.” On this record, we are compelled to hold that appellant has waived the right to enumerate the giving of the charge on legal accident as error. See Mack v. Barnes, 128 Ga. App. 328, 330 (3) (196 SE2d 684) (1973).

Decided June 22, 1984. Carl A. Bryant, for appellant. Rufus D. Sams III, James V. Towson, for appellee.

Judgment affirmed.

Quillian, P. J., and Birdsong, J., concur.

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Carley, Judge.

Appellant brought suit against appellee seeking to recover damages sustained in a two-car collision. The case was submitted to a jury and a verdict for appellee was returned. Appellant’s motion for new trial was denied. He appeals, enumerating as error the giving of a charge on legal accident.

During the pre-charge conference, the trial court announced that [302]*302it would give a charge on legal accident. Counsel for appellant responded that “for the record, we will object to the charge in reference to accident at this particular time.” (Emphasis supplied.) Thereafter, closing arguments were made and the jury charge was given. As the trial judge had indicated, the charge included instructions on legal accident. At the conclusion of the charge, the trial court asked counsel if there were any exceptions or objections. Counsel for appellant replied: “We have none, your Honor.” On this record, we are compelled to hold that appellant has waived the right to enumerate the giving of the charge on legal accident as error. See Mack v. Barnes, 128 Ga. App. 328, 330 (3) (196 SE2d 684) (1973).

Decided June 22, 1984. Carl A. Bryant, for appellant. Rufus D. Sams III, James V. Towson, for appellee.

Judgment affirmed.

Quillian, P. J., and Birdsong, J., concur.

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319 S.E.2d 125, 171 Ga. App. 301, 1984 Ga. App. LEXIS 2176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-rumph-gactapp-1984.

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