King v. Davis

Ellington, Judge.

A Henry County jury found in favor of Nita and Damond King on their personal injury claims against Olin Davis arising out of a car wreck. The Kings appeal, contending the trial court erred in instructing the jury on the use of evidence of the Kings’ failure to wear seat belts. For the reasons that follow, we reverse.

“A jury charge must be adjusted to the evidence, apt, and a correct statement of the applicable law.” (Citation and punctuation omitted.) Ware v. Henry County Water &c. Auth., 258 Ga. App. 778, 784 (7) (575 SE2d 654) (2002).

A charge that does not include or…