Legal Opinion · Dissent

Hancock v. Bryan County Board of Education

Court of Appeals of Georgia

Decided September 14, 1999No. A99A1572Published

1DissentSmith, Judge

This is a case in which a jury instruction on proximate cause was strongly indicated, if not demanded, by the evidence. The appellant submitted a specific written request to charge on proximate cause. The trial court responded to appellant’s clear and specific inquiry on this point during a bench conference and confirmed that no charge on proximate cause would be given. Appellant excepted to the failure to define proximate cause in the jury instructions. We cannot now construe some other portion of the charge as sufficient to provide an implied or inferential definition of proximate cause,…

2Cases cited7 opinions

  1. Hambrick v. StateSupreme Court of Georgia · 1987
  2. Rolleston v. CherryCourt of Appeals of Georgia · 1997
  3. Clark v. StaffordCourt of Appeals of Georgia · 1999
  4. Cline v. KehsCourt of Appeals of Georgia · 1978
  5. Taft v. TaftCourt of Appeals of Georgia · 1993

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