Holland v. Caviness

Hines, Justice.

This case comes before this Court on a certified question from the United States District Court for the Southern District of Georgia in a matter regarding admission of “worldly circumstances”1 evidence in a tort action where the only injury is to a plaintiff’s peace, happiness, or feelings. The district court certified the question:

Is it proper for a jury to consider a defendant’s worldly circumstances when deciding the amount of damages that should be imposed under OCGA § 51-12-6?

The answer is that the current version of OCGA § 51-12-62 precludes admission of worldly…