Phillips v. Harmon

HINES, Presiding Justice.

This Court granted a writ of certiorari to the Court of Appeals in Phillips v. Harmon, 328 Ga. App. 686 (760 SE2d 235) (2014), to determine if that Court properly held in this medical malpractice action: (1) that the trial court’s communication to the jury outside the presence of counsel and the parties was reversible error (S14G1893; S14G1895), and (2) that the trial court did not abuse its discretion in its refusal to give plaintiffs’ requested jury charge on spoliation (S14G1868). For the reasons that follow, we affirm in part and reverse in part the judgment of…