Legal Opinion

Clarke v. Cotton

Supreme Court of Georgia

Decided February 21, 1994No. S93G0995PublishedCited by 33 opinions

1Opinion of the Court

Hunt, Presiding Justice.

The issue presented in this appeal is whether the trial court was required, in its charge to the jury, to define “clear and convincing evidence” necessary to support an award of punitive damages under OCGA § 51-12-5.1 (b). We granted certiorari to the Court of Appeals in Clarke v. Cotton, 207 Ga. App. 883 (429 SE2d 291) (1993) wherein that court held the trial court did not err in failing to so charge the jury. Although we hold the trial court should have charged the jury on the definition of clear and convincing evidence, we affirm the Court of Appeals because we find…

2Cases cited6 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Blackburn v. BlackburnSupreme Court of Georgia · 1982
  3. Clarke v. CottonCourt of Appeals of Georgia · 1993
  4. Claxton v. ClaxtonSupreme Court of Georgia · 1959
  5. Hattaway v. DickensSupreme Court of Georgia · 1927

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. In the Interest of E. C.Court of Appeals of Georgia · 1997
  2. General Motors Corp. v. MoseleyCourt of Appeals of Georgia · 1994
  3. Southeastern Security Insurance v. HotleCourt of Appeals of Georgia · 1996
  4. Simpson Consulting, Inc. v. Barclays Bank PLCCourt of Appeals of Georgia · 1997
  5. Little Rapids Corp. v. McCamyCourt of Appeals of Georgia · 1995

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API