Gonzalez v. Wells

I concur fully in Division 2 and in the judgment. With respect to Division 1, I hold to the special concurrence in Franklin v. Tackett, 209 Ga. App. 448, 450 (433 SE2d 710) (1993).

I agree with the statement made by Presiding Judge, thereafter Justice, Hall in his concurring opinion in Young v. Carter, 121 Ga. App. 191, 193 (173 SE2d 259) (1970), that “[t]he effect of the rule prohibiting reference to liability insurance is . . . nullified by having the trial judge qualify the jury as to the defendant’s liability insurer.” Evidence of insurance is prejudicial because, at the least, it…