51-12-12. Court interference with jury verdict as to damages.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
The question of damages is ordinarily one for the jury; and the court should not interfere with the jury’s verdict unless the damages awarded by the jury are clearly so inadequate or so excessive as to be inconsistent with the preponderance of the evidence in the case.#
(b)
If the jury’s award of damages is clearly so inadequate or so excessive as to any party as to be inconsistent with the preponderance of the evidence, the trial court may order a new trial as to damages only, as to any or all parties, or may condition the grant of such a new trial upon any party’s refusal to accept an amount determined by the trial court.#
(c)
Only one grant of a new trial by the judge may be based upon the powers conferred by this Code section. The first grant of a new trial other than one ordered under this Code section and which order granting the new trial is not based on this Code section shall remain governed by Code Section 5-5-50.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2888; Code 1868, § 2896; Code 1873, § 2947; Code 1882, § 2947; Civil Code 1895, § 3803; Civil Code 1910, § 4399; Code 1933, § 105-2015; Ga. L. 1987, p. 915, § 7.

Law reviews

For article, ‘‘The Effect of the Mandated Discount Rate on the Value of Wrongful Death Awards in Georgia,’’ see 52 Mercer L. Rev. 1147 (2001). For article, ‘‘Of Frivolous Litigation and Runaway Juries: A View from the Bench,’’ see 41 Ga. L. Rev. 431 (2007). For comment, ‘‘Are Excessive Punitive Damages Unconstitutional in Georgia?: This Question and More in Colonial Pipeline Co. v. Brown,’’ see 6 Ga. St. U.L. Rev. 85 (1989).

Other notes

History of Code section.: The language of this Code section is derived in part from the decision in Lang v. Hopkins, 10 Ga. 37 (1851).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, pages 957 to 958; merge action: annotated; file SHA-256 bc30a40687b2.

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