Legal Opinion · Dissent

Dent v. Memorial Hospital of Adel, Inc.

Court of Appeals of Georgia

Decided July 16, 1997No. A97A0289Published

1Dissent

*809Judge Harold R. Banke,

dissenting.

The majority goes to unnecessary and extraordinary lengths to deny the obvious: the trial court erred in its instruction to the jury and this error was presumptively harmful. See Clements v. Clements, 247 Ga. 787, 789 (2) (279 SE2d 698) (1981). The proper approach is to acknowledge the error, admit that it was presumptively harmful, then decide whether in light of the entire record, the error was rendered harmless. Foskey v. Foskey, 257 Ga. 736, 737 (2) (363 SE2d 547) (1988); Jones v. Davis, 183 Ga. App. 401, 402 (1) (359 SE2d 187) (1987).

Here, the Dents…

2Cases cited9 opinions

  1. Foskey v. FoskeySupreme Court of Georgia · 1988
  2. Hollywood Baptist Church of Rome v. State Highway DepartmentCourt of Appeals of Georgia · 1966
  3. Johnson v. StateCourt of Appeals of Georgia · 1979
  4. Hopkins v. First Union BankCourt of Appeals of Georgia · 1989
  5. McDevitt & Street Co. v. K-C Air Conditioning Service, Inc.Court of Appeals of Georgia · 1992

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