Goss Brothers Trucking v. Ashley

Judge Harold R. Banke,

dissenting.

I respectfully dissent because I cannot agree that the trial court manifestly abused its discretion in denying Goss’ motion for mistrial. See Ga. Power Co. v. Hinson, 179 Ga. App. 263, 270 (7) (346 SE2d 73) (1986). Appellate courts should not interfere with the exercise of discretion unless wrong or oppression has resulted from an abuse of its use. Dubose v. Ross, 222 Ga. App. 99, 100 (473 SE2d 179) (1996).

Ashley sued Goss as a common carrier and instituted a direct action against Canal Insurance Company (“Canal”) under OCGA § 46-7-12 (e). The fact that…