McDowell v. Hartzog
Annotate this CaseThe Georgia Supreme Court granted certiorari in this case to determine whether the Court of Appeals erred in its conclusion that appellants failed to preserve for appeal their objection to a jury instruction. Appellants Hershell and Cindy McDowell were involved in a traffic accident in which their vehicle collided with a vehicle driven by appellee Gregory Hartzog. Appellants sued Hartzog and his employer, Optimus Solutions, LLC. Because there was some evidence that Mr. McDowell, who was driving his vehicle, may have run a stoplight before the collision and skidded into Hartzog while avoiding a third vehicle, Hartzog requested a charge on failure to obey a traffic signal. Because the Court found that the objection was properly preserved, the Court reversed the decision of the Court of Appeals and remanded the case back to that court for further proceedings.
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