General Motors Corp. v. Blake, 237 Ga. App. 426

515 S.E.2d 166 (1999) · Court of Appeals of Georgia · March 19, 1999 · No. A98A2158

Summary

The Georgia Court of Appeals affirmed a $3.8 million jury verdict for Felicia Blake in a products-liability action arising from injuries allegedly caused by a defective seat-belt system. The majority held that the trial court did not abuse its discretion by denying General Motors’ request for a continuance after Blake’s expert disclosed a specific defect theory shortly before trial. A dissent argued that the disclosure constituted unfair surprise and prejudiced General Motors’ ability to prepare a defense.

Holdings

  1. The trial court did not manifestly abuse its broad discretion by denying General Motors' motion for a continuance. GM did not adequately explain the alleged change in theory or demonstrate genuine, justified prejudice, and it had had ample opportunity to investigate the seat-belt system before trial.
  2. In a products-liability case, precise identification of the specific defect is not essential when the plaintiff can show that the product failed to operate as intended and that the failure proximately caused the injury.

Questions Presented

  1. Whether the trial court manifestly abused its discretion by denying General Motors' renewed motion for a continuance based on alleged surprise and prejudice arising from Blake's newly disclosed expert testimony and theory of seat-belt defect.
  2. Whether the remaining enumerations of error required reversal of the judgment.

Disposition

affirmed

Cases Cited (9)

  • Work Clothes Outlet v. M & S Purchasing, 188 Ga. App. 179, 181(2), 372 S.E.2d 509 (1988)(followed)
  • Simmons v. Simmons, 265 Ga. 183, 184, 453 S.E.2d 696 (1995)(followed)
  • Mills v. State, 188 Ga. 616, 623-625, 4 S.E.2d 453 (1939)(followed)
  • Oasis Goodtime Emporium I v. Cambridge Capital Group, 234 Ga. App. 641, 642(1), 507 S.E.2d 823 (1998)(followed)
  • Firestone Tire & Co. v. King, 145 Ga. App. 840, 842(1), 244 S.E.2d 905 (1978)(followed)
  • Jones v. Atkins, 120 Ga. App. 487, 491(1), 171 S.E.2d 367 (1969)(distinguished)
  • Kamensky v. Stacey, 134 Ga. App. 530, 532(1), 215 S.E.2d 294 (1975)(followed)
  • Danforth v. Danforth, 156 Ga. App. 236, 238, 274 S.E.2d 628 (1980)(distinguished)
  • Hanna Creative Enterprises v. Alterman Foods, 156 Ga. App. 376, 378-379, 274 S.E.2d 761 (1980)(discussed in dissent)

Cited In (0)

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