Stolz, Judge.
This case involves three automobiles in two separate collisions. Plaintiff (Mrs. White) was traveling west on U. S. Highway 82 in Tift County, Georgia, following an automobile driven by defendant Hammond. Defendant Hall was operating his vehicle on said highway in an easterly direction. The collisions occurred when defendant Hammond attempted to make a left turn into an intersecting dirt road and the right rear of his vehicle was struck by the right rear of the oncoming vehicle. The Hall vehicle then traveled approximately 40 feet, crossed into the westbound traffic lanes and collided head-on with the plaintiffs’ vehicle.
The evidence shows that the collision took place on the flat portion of a hill crest; that the range of view was approximately 300 feet; that when defendant Hall first saw defendant Hammond’s [409]*409vehicle it was in the eastbound (Hall’s) traffic lane approximately 150 feet away; that at this time defendant Hall estimated his speed at approximately 50-55 m.p.h.; that defendant Hall applied the brakes of his vehicle and skidded an estimated (by a State Patrolman) 100 feet before colliding with defendant Hammond’s vehicle. The evidence further showed that the collision between the Hall and Hammond vehicles occurred 2 feet from the south edge of the highway in the eastern half of the intersection; that prior to the collision defendant Hammond (an 82-year-old man), gave a left turn signal, drove into the eastbound traffic lane (his left side of the road), and, while driving very slowly, attempted to make a left turn by entering the eastern edge of the intersection, rather than a proper left turn.
Uncontroverted medical information showed that plaintiff Mrs. White was attended by her family physician on the day of the collision; that he examined her and found "hematomas, bruises and contusions of the chest and neck and abdomen and back.” The physician further testified that this plaintiff had hematoma and bruises of the "abdomen and chest and sprain of the neck and back.” The physician prescribed certain medicines, a course of conservative treatment, and saw this plaintiff periodically for treatment thereafter. The plaintiff Mrs. White testified that, shortly after the collision, she "got to hurting in my chest and in my stomach and my back started hurting”; that she stayed in bed for a week following the wreck; that she had suffered pain in various parts of her body since the collision and that the injuries "hadn’t all went away” at the time of the trial.
Mrs. White was driving a new 1971 Ford LTD automobile owned by her husband, co-plaintiff Lamar White. The automobile cost $4,954.00, was only two months old, and had around 5000 miles on it when involved in the collision. Its fair market value before the wreck was estimated at $4,300-$4,400, but only $600-$700 after the wreck. Evidence showed a cost of repair estimate by the local Ford dealer (seller of the automobile originally) to be $2,188.28. Unimpeached evidence showed that Mrs. White had medical and drug bills totalling $267.50 as the result of the injuries sustained in the wreck. Evidence was before the jury showing Mr. White’s loss of his wife’s services. The jury returned a verdict in favor of defendant Hall in both cases, against plaintiff Mrs. White as to both defendants, and in favor of plaintiff Mr. White against defendant Hammond. Held:
[410]*4101. Any harm to appellant Ellie White’s case of any possible error by the court in violating Code § 38-302 in refusing to allow her to testify that her doctor told her to stay in bed and rest, when such statement was offered for the limited purpose of explaining her conduct in going home and going to bed, was vitiated by the full and complete testimony of her doctor. We believe the error, under all the circumstances, was harmless. Ga. L. 1966, pp. 609, 664 (Code Ann. § 81A-161).
2. Plaintiff Mrs. White’s suit against both defendants sought damages for personal injuries sustained as the result of the negligence of both defendants. Plaintiff Lamar White’s suit against both defendants sought recovery of medical expenses, damages to his automobile, and loss of his wife’s services, companionship and consortium. The two cases were consolidated for convenience and tried before a single jury. Both plaintiffs contended that the verdicts rendered in their cases and the judgments rendered thereon, were illegal, illogical, inconsistent, conflicting and erroneous. As to the defendant Hall, this is simply not the case. The jury found for him against both plaintiffs.
It is contended that the evidence before the jury would authorize the $2,500 judgment against the defendant Hammond based on property damage. We disagree. The measure of damages for injury to an automobile is the difference in the fair market values thereof immediately before and after the injury is done. Kenner v. Whitehead, 115 Ga. App. 760 (1) (156 SE2d 136). Here, no repairs were made on plaintiffs (Mrs. White’s) automobile. The unchallenged evidence showed damages to plaintiffs automobile ranging from $3,600-$3,800, hospital and medical expenses of approximately $267.50, plus loss of his wife’s services by Mr. White.
The evidence outlined above shows that the plaintiff (Mrs. White) sustained injuries as a result of the collision. Her testimony to this effect was corroborated by the testimony of three medical doctors, one of whom was called by defendant Hammond. While there was evidence that plaintiff (Mrs. White) had sustained a previous injury to her back, her family physician testified positively that she had not come to him with complaints of back trouble since another physician (to whom she had been referred) performed a laminectomy in 1968-1969 for a herniated disc. The evidence plainly takes the case out of the rules expressed in Buckhead Glass Co. v. Taylor, 226 Ga. 247 (174 SE2d 568), Reiss [411]*411v. Howard Johnson’s, 121 Ga. App. 119 (173 SE2d 95), and Purdy v. Norrell, 111 Ga. App. 546 (2) (142 SE2d 311) which are distinguishable on their facts. Under the facts in this case, Mr. White’s action is derivative of Mrs. White’s claim. If she is not entitled to recover, he cannot do so. As heretofore mentioned there was ample evidence before the jury showing that Mrs. White sustained specific, painful injuries, for which she sought and received medical treatment. Under the evidence, the jury verdicts were illogical, inconsistent, conflicting, erroneous and illegal.
The situation in the case sub judice is most similar to that in Nickle v. Armstrong Furniture Co., 107 Ga. App. 362, 363 (130 SE2d 249). Both cases involve separate common-law actions by different plaintiffs (husband and wife) against the same defendants that are tried together for the purpose of expediting the business of the court and for the convenience of the parties. In both cases the husband’s suit is derivative of the wife’s claim. In Nickle, supra, the jury returned a verdict in favor of the defendant in the wife’s case, but for the husband in his suit. This court erroneously upheld that result, stating: "There could have been no complaint had the two present cases been tried before separate juries at different times with the same results reached as in the present cases.” Recently, this court seems to have come to an opposite view. See Smith v. Tri-State Culvert Mfg. Co., 126 Ga. App. 508 (191 SE2d 92) and cit.; Waggoner v. Bevich, 127 Ga. App. 877 (195 SE2d 246). Unfortunately, these cases did not expressly disapprove the rule set forth in Nickle v. Armstrong Furniture Co., supra.
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Stolz, Judge.
This case involves three automobiles in two separate collisions. Plaintiff (Mrs. White) was traveling west on U. S. Highway 82 in Tift County, Georgia, following an automobile driven by defendant Hammond. Defendant Hall was operating his vehicle on said highway in an easterly direction. The collisions occurred when defendant Hammond attempted to make a left turn into an intersecting dirt road and the right rear of his vehicle was struck by the right rear of the oncoming vehicle. The Hall vehicle then traveled approximately 40 feet, crossed into the westbound traffic lanes and collided head-on with the plaintiffs’ vehicle.
The evidence shows that the collision took place on the flat portion of a hill crest; that the range of view was approximately 300 feet; that when defendant Hall first saw defendant Hammond’s [409]*409vehicle it was in the eastbound (Hall’s) traffic lane approximately 150 feet away; that at this time defendant Hall estimated his speed at approximately 50-55 m.p.h.; that defendant Hall applied the brakes of his vehicle and skidded an estimated (by a State Patrolman) 100 feet before colliding with defendant Hammond’s vehicle. The evidence further showed that the collision between the Hall and Hammond vehicles occurred 2 feet from the south edge of the highway in the eastern half of the intersection; that prior to the collision defendant Hammond (an 82-year-old man), gave a left turn signal, drove into the eastbound traffic lane (his left side of the road), and, while driving very slowly, attempted to make a left turn by entering the eastern edge of the intersection, rather than a proper left turn.
Uncontroverted medical information showed that plaintiff Mrs. White was attended by her family physician on the day of the collision; that he examined her and found "hematomas, bruises and contusions of the chest and neck and abdomen and back.” The physician further testified that this plaintiff had hematoma and bruises of the "abdomen and chest and sprain of the neck and back.” The physician prescribed certain medicines, a course of conservative treatment, and saw this plaintiff periodically for treatment thereafter. The plaintiff Mrs. White testified that, shortly after the collision, she "got to hurting in my chest and in my stomach and my back started hurting”; that she stayed in bed for a week following the wreck; that she had suffered pain in various parts of her body since the collision and that the injuries "hadn’t all went away” at the time of the trial.
Mrs. White was driving a new 1971 Ford LTD automobile owned by her husband, co-plaintiff Lamar White. The automobile cost $4,954.00, was only two months old, and had around 5000 miles on it when involved in the collision. Its fair market value before the wreck was estimated at $4,300-$4,400, but only $600-$700 after the wreck. Evidence showed a cost of repair estimate by the local Ford dealer (seller of the automobile originally) to be $2,188.28. Unimpeached evidence showed that Mrs. White had medical and drug bills totalling $267.50 as the result of the injuries sustained in the wreck. Evidence was before the jury showing Mr. White’s loss of his wife’s services. The jury returned a verdict in favor of defendant Hall in both cases, against plaintiff Mrs. White as to both defendants, and in favor of plaintiff Mr. White against defendant Hammond. Held:
[410]*4101. Any harm to appellant Ellie White’s case of any possible error by the court in violating Code § 38-302 in refusing to allow her to testify that her doctor told her to stay in bed and rest, when such statement was offered for the limited purpose of explaining her conduct in going home and going to bed, was vitiated by the full and complete testimony of her doctor. We believe the error, under all the circumstances, was harmless. Ga. L. 1966, pp. 609, 664 (Code Ann. § 81A-161).
2. Plaintiff Mrs. White’s suit against both defendants sought damages for personal injuries sustained as the result of the negligence of both defendants. Plaintiff Lamar White’s suit against both defendants sought recovery of medical expenses, damages to his automobile, and loss of his wife’s services, companionship and consortium. The two cases were consolidated for convenience and tried before a single jury. Both plaintiffs contended that the verdicts rendered in their cases and the judgments rendered thereon, were illegal, illogical, inconsistent, conflicting and erroneous. As to the defendant Hall, this is simply not the case. The jury found for him against both plaintiffs.
It is contended that the evidence before the jury would authorize the $2,500 judgment against the defendant Hammond based on property damage. We disagree. The measure of damages for injury to an automobile is the difference in the fair market values thereof immediately before and after the injury is done. Kenner v. Whitehead, 115 Ga. App. 760 (1) (156 SE2d 136). Here, no repairs were made on plaintiffs (Mrs. White’s) automobile. The unchallenged evidence showed damages to plaintiffs automobile ranging from $3,600-$3,800, hospital and medical expenses of approximately $267.50, plus loss of his wife’s services by Mr. White.
The evidence outlined above shows that the plaintiff (Mrs. White) sustained injuries as a result of the collision. Her testimony to this effect was corroborated by the testimony of three medical doctors, one of whom was called by defendant Hammond. While there was evidence that plaintiff (Mrs. White) had sustained a previous injury to her back, her family physician testified positively that she had not come to him with complaints of back trouble since another physician (to whom she had been referred) performed a laminectomy in 1968-1969 for a herniated disc. The evidence plainly takes the case out of the rules expressed in Buckhead Glass Co. v. Taylor, 226 Ga. 247 (174 SE2d 568), Reiss [411]*411v. Howard Johnson’s, 121 Ga. App. 119 (173 SE2d 95), and Purdy v. Norrell, 111 Ga. App. 546 (2) (142 SE2d 311) which are distinguishable on their facts. Under the facts in this case, Mr. White’s action is derivative of Mrs. White’s claim. If she is not entitled to recover, he cannot do so. As heretofore mentioned there was ample evidence before the jury showing that Mrs. White sustained specific, painful injuries, for which she sought and received medical treatment. Under the evidence, the jury verdicts were illogical, inconsistent, conflicting, erroneous and illegal.
The situation in the case sub judice is most similar to that in Nickle v. Armstrong Furniture Co., 107 Ga. App. 362, 363 (130 SE2d 249). Both cases involve separate common-law actions by different plaintiffs (husband and wife) against the same defendants that are tried together for the purpose of expediting the business of the court and for the convenience of the parties. In both cases the husband’s suit is derivative of the wife’s claim. In Nickle, supra, the jury returned a verdict in favor of the defendant in the wife’s case, but for the husband in his suit. This court erroneously upheld that result, stating: "There could have been no complaint had the two present cases been tried before separate juries at different times with the same results reached as in the present cases.” Recently, this court seems to have come to an opposite view. See Smith v. Tri-State Culvert Mfg. Co., 126 Ga. App. 508 (191 SE2d 92) and cit.; Waggoner v. Bevich, 127 Ga. App. 877 (195 SE2d 246). Unfortunately, these cases did not expressly disapprove the rule set forth in Nickle v. Armstrong Furniture Co., supra. As noted in Nickle, the two cases remained separate and distinct actions, but it does not follow that the same jury can reach opposite conclusions based on the same evidence. If the cases were tried separately, the evidence would be presented to twelve different people at each trial. Each jury would hear the evidence — it might be substantially the same at both trials, but it would not be identical. Each jury would observe the witnesses’ way and manner of testifying at each trial and form an opinion on the credibility of the witnesses and the weight to be given their testimony — here again, there may be great similarity, but there would not be exact duplication. This is true because as no two people are exactly alike so no two juries are exactly alike. Witnesses do not offer exactly the same testimony in exactly the same manner when testifying at separate trials. Perhaps of even more significance, at separate trials there are different juries, [412]*412hearing the testimony with different ears, observing the witnesses with different eyes and interpreting and evaluating the evidence with different minds. This, as much as anything, explains and justifies the sometime inconsistent verdicts based on "the same facts” by different juries. However, in this case, and in Nickle, supra, the same jury heard the evidence in both cases. The witnesses testified only once. Their testimony was exactly the same in both cases. Their mode and manner of testifying was exactly the same in both cases. The same jury weighed the evidence and the credibility of the witnesses, and came up with unreconcilable verdicts. This type of result breeds an inconsistency into our system that undermines its foundation through destruction of its credibility. Nickle v. Armstrong Furniture Co., 107 Ga. App. 362, supra, is expressly disapproved insofar as it allows inconsistent verdicts from the same jury.
This case is distinguished from Purdy v. Norrell, 111 Ga. App. 546 (2), supra, where the evidence pertaining to a son’s injuries was found by this court to be "at best, weak, unsatisfactory, and unconvincing” thus authorizing the jury to find he was not injured.
3. Plaintiffs enumerate as error the trial court’s instructing the jury as to the provisions of Code Ann. § 68-1641 (a) ("Following too closely.”) The charge was not authorized by the evidence. While the evidence showed that plaintiff Mrs. White was following defendant Hammond’s vehicle one to two car lengths prior to the time that defendant Hammond very slowly commenced making his left turn, the evidence also conclusively showed that, as Hammond drove into his left side of the road, Mrs. White came to a complete stop in her lane of traffic and, while there, was hit head-on by defendant Hall’s vehicle. It is error for the trial judge to charge the jury as to issues which are made by the pleadings but unsupported by the evidence. Owens v. White, 103 Ga. App. 459 (1) (119 SE2d 581); Ellison v. Robinson, 96 Ga. App. 882 (4) (101 SE2d 902) and cit.
4. Plaintiffs enumerate as error the court’s instructing the jury as follows: "I charge you further that every person is under a duty to exercise ordinary care for his or her own safety,. . . and [if] failure on her part was the proximate cause of her own injuries, she could not recover and you would be obligated to return a verdict in favor of the defendants. The charge I have just charged you applies to both cases — each respective case.” The foregoing is a correct statement of the law and is a proper charge in all [413]*413cases of this nature where authorized by the evidence. In our opinion it was not so authorized in these cases. The charge complained of was erroneous in that it was unsupported by the evidence. See citations in Division 3 hereinabove for authorities.
Submitted January 9, 1973
Decided June 28, 1973
Rehearing denied July 19, 1973.
5. The trial judge was also in error in charging "With respect to each case, if the plaintiff, Mrs. Ellie White, by the exercise of ordinary care could have avoided the consequences to herself caused by defendants’ negligence, if any you find, the plaintiff is not entitled to recover. However, the plaintiffs’ duty to exercise ordinary care to avoid the consequences of the defendants’ negligence does not arise until the defendants’ negligence exists and the plaintiff knew, or in the exercise of ordinary care should have known such negligence.” This charge is a correct abstract statement of the law, but, for the reasons set forth in Divisions 3 and 4, was not authorized by the evidence and was erroneous.
6. The trial judge was likewise in error in giving the jury in charge the doctrine of comparative negligence for the reasons set forth in Divisions 3, 4 and 5.
7. The trial judge erroneously instructed the jury on the law of accident and Code § 102-103 (Accident). " 'An "accident” in its strict sense implies the absence of negligence, for which no one would be liable.’ [Cit.] 'In its proper use the term "accident” excludes negligence; that is, an accident is an event which occurs without the fault, carelessness, or want of proper circumspection of the person affected, or which would not have been avoided by the use of that kind and degree of care necessary to the exigency and the circumstances in which he was placed. [Cit.]’ ” Morrow v. Southeastern Stages, 68 Ga. App. 142, 146 (22 SE2d 336); Stone’s Independent Oil Distributors v. Bailey, 122 Ga. App. 294, 303 (176 SE2d 613). The evidence did not authorize the charge complained of.
8. Plaintiffs enumeration of error 9 is not passed upon since the cases are reversed on other grounds.
9. For the reasons hereinabove stated, the trial judge erroneously failed to sustain the plaintiffs’ joint motion for new trial as to both defendants in both cases, and a new trial is granted.
Judgment reversed.
Hall, P. J., Deen and Clark, JJ., concur. Quillian, J., concurs in the judgment. Evans, J., concurs specially. Bell, C. J., Eberhardt, P. J, and Pannell, J., dissent.
[414]*414Reinhardt, Whitley & Sims, Glenn Whitley, for appellants.
Owens & Hilyer, Kenneth R. Hilyer, Maxwell Hines, Burt, Burt & Rentz, H. P. Burt, for appellees.