Columbus Regional Healthcare System v. Henderson, 282 Ga. 598

Summary

The Supreme Court of Georgia held that a jury's finding that no damages should be awarded on a wrongful-death claim was not an award of inadequate damages subject to additur under OCGA § 51-12-12(b). The court reversed and remanded, explaining that the trial court could address an inconsistent or contradictory verdict through its traditional new-trial powers but could not use additur to substitute its own damages determination.

Holdings

1. A jury's finding that no damages should be awarded on one claim is not a verdict reflecting inadequate damages for purposes of OCGA § 51-12-12(b). Although such a verdict may be inconsistent or contradictory and may support the trial court's traditional power to grant a new trial on liability and damages, the trial court may not use additur to substitute its own damages determination for the jury's finding that no amount should be recovered.

Questions Presented

1. Whether a jury's finding that no damages should be awarded on one claim constitutes an award of inadequate damages that permits a trial court to apply additur under OCGA § 51-12-12(b).

Disposition

reversed_and_remanded