Minter v. Leary

With respect to Division 1, I agree that the charge was harmless, but I confine that conclusion to this case. The court twice recently considered this charge to be erroneous. Ammons v. Six Flags Over Ga., 172 Ga. App. 210 (2) (323 SE2d 2) (1984); Coker v. Casey, 178 Ga. App. 682 (1) (344 SE2d 662) (1986).

In those cases the charge was deemed harmless because the plaintiffs, who complained of the charge, had won jury verdicts several times greater than the special damages claimed. Thus it was shown conclusively that the charge did not affect the verdict since the jury rejected the idea that the…