Legal Opinion

Lee v. CNH America, LLC

Court of Appeals of Georgia

Decided July 9, 2013No. A13A0696PublishedCited by 1 opinion

1Opinion of the Court

Boggs, Judge.

In this product liability action, Hazel Lee, the wife and executrix of Robert Lee, appeals from a defense verdict in favor of CNH America, LLC, and CNH Italia (collectively “CNH”).1 Mrs. Lee contends on appeal that the trial court erred in charging the jury on assumption of the risk, misuse of a product, and spoliation. She also asserts that the trial court erred by allowing an OCGA § 9-11-30 (b) (6) defense witness to give expert opinion testimony. Based upon the “any evidence” standard of review on appeal, the trial court did not err *767in its charges, and Mrs. Lee cannot…

2Cases cited14 opinions

  1. Banks v. ICI Americas, Inc.Supreme Court of Georgia · 1994
  2. Muldovan v. McEachernSupreme Court of Georgia · 1999
  3. Coast Catamaran Corp. v. MannCourt of Appeals of Georgia · 1984
  4. Kitchens v. BRUSMANCourt of Appeals of Georgia · 2010
  5. AMLI Residential Properties, Inc. v. Georgia Power Co.Court of Appeals of Georgia · 2008

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3Cited by1 opinion

  1. Metropolitan Atlanta Rapid Transit Authority v. Rachel Tyler, as the Administrator of the Estate of Jaccolah JohnsonCourt of Appeals of Georgia · 2021

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