Beringause v. Fogleman Truck Lines, Inc.

Beasley, Presiding Judge.

Plaintiff Beringause sued defendant trucking company, its driver and insurer, to recover damages for the wrongful death of her husband resulting from a collision between the decedent’s car and defendants’ truck. A first trial resulted in a defendants’ verdict, but judgment was reversed and a new trial ordered because it was deemed reversible error to charge on assumption of the risk. Beringause v. Fogleman Truck Lines, 200 Ga. App. 822 (409 SE2d 524) (1991). Upon retrial, a jury awarded plaintiff $100,000. She appeals from the denial of her motion for new trial on the…