Department of Transportation v. Gilbert's Auto Service, Inc.

MlKELL, Judge.

In this inverse condemnation action, appellant Department of Transportation of Georgia (“DOT”) appeals from a judgment entered on a jury verdict in favor of Gilbert’s Auto Service, Inc. (“Gilbert’s Auto”). The trial court denied DOT’s motion for directed verdict made at the close of evidence and its motion for judgment n.o.v. In both motions, DOT argued that Gilbert’s Auto’s action was barred by a consent judgment entered in a prior condemnation action. Applying the appropriate standard of review, which provides that we “can only set a verdict aside, on evidentiary grounds, as…