Mayor & Aldermen of the City of Savannah v. Palmerio, 242 Ga. 419

249 S.E.2d 224 (1978) · Supreme Court of Georgia · October 25, 1978 · No. 33708

Summary

The Supreme Court of Georgia held that a trial court may grant a reserved motion for directed verdict after a jury verdict has been returned, even without a motion for judgment notwithstanding the verdict. On the merits, the court concluded that the City of Savannah was not liable for nuisance because the state, rather than the city, had exclusive responsibility for the relevant state-aid road and traffic-control devices. The court reversed the Court of Appeals and upheld the directed verdict for the city.

Holdings

  1. A trial court may grant a reserved motion for directed verdict after a jury verdict and entry of judgment without requiring the prevailing party to file a motion for judgment notwithstanding the verdict.
  2. A municipality may be liable for damages caused by the operation or maintenance of a nuisance even when performing a governmental function, but nuisance liability requires a continuous or regularly repetitious act or condition, notice or knowledge of the danger, and, when the municipality did not create the condition, a violation of a duty to act.
  3. The plaintiffs' evidence did not establish that the City created the dangerous condition or failed to perform an act it was legally required to perform; therefore, the City's directed verdict was proper.

Questions Presented

  1. Whether a trial court may grant a reserved motion for directed verdict after a jury verdict and entry of judgment without the prevailing party first filing a motion for judgment notwithstanding the verdict.
  2. Whether the evidence supported a directed verdict for the City because the State Highway Board, rather than the City, had exclusive responsibility for the road and traffic-control devices.
  3. What legal requirements govern municipal liability for maintenance of a nuisance.
  4. Whether the plaintiffs' evidence established that the City created the dangerous condition or failed to perform a legally required act necessary to impose nuisance liability.

Disposition

reversed

Cases Cited (30)

  • Town of Ft. Oglethorpe v. Phillips, 224 Ga. 834, 165 S.E.2d 141 (1968)(distinguished)
  • State Highway Department v. Barrett, 124 Ga. App. 703, 185 S.E.2d 624 (1971)(followed)
  • Tounsel v. State Highway Department, 180 Ga. 112, 178 S.E. 285 (1934)(followed)
  • Mayor & Aldermen of the City of Savannah v. Palmerio, 130 Ga. App. 238, 202 S.E.2d 677 (1973)(prior proceeding)
  • Mayor & Aldermen of the City of Savannah v. Palmerio, 135 Ga. App. 147, 217 S.E.2d 430 (1975)(prior proceeding)
  • Mayor & Aldermen of Woodbury v. State Highway Department, 225 Ga. 723, 171 S.E.2d 272 (1969)(followed)
  • Davis v. City of Barnesville, 80 Ga. App. 3, 54 S.E.2d 915 (1949)(followed)
  • Perkerson v. Mayor & Aldermen of Greenville, 51 Ga. App. 240, 180 S.E. 22 (1935)(followed)
  • Hancock v. City of Dalton, 131 Ga. App. 178, 205 S.E.2d 470 (1974)(followed)
  • Delta Air Corp. v. Kersey, 193 Ga. 862, 20 S.E.2d 245 (1942)(followed)

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