2021 Georgia Code
Title 24 - Evidence
Chapter 14 - Proof Generally
Article 3 - Particular Matters of Proof
§ 24-14-44. American Experience Mortality Tables

Universal Citation: GA Code § 24-14-44 (2021)

In all civil proceedings where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such person.

(Code 1981, §24-14-44, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- The American Experience Mortality Table, appendix to this volume.

Law reviews.

- For article discussing the use of mortality tables in determining the value of life earnings of the deceased in wrongful death actions, with emphasis on the Carlisle table, see 9 Ga. St. B.J. 293 (1973). For article, economic evaluation of damages in personal injury and wrongful death litigation, see 19 Ga. St. B.J. 60 (1982). For article, "Damage Calibrations Under the Federal Tort Claims Act," see 25 Ga. St. B.J. 100 (1988). For article, "Calculating Economic Damages in Georgia Personal Injury and Wrongful Death Cases," see 22 Ga. St. Bar. J. 18 (Feb. 2017).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1956, p. 68, § 1 and former O.C.G.A. § 24-4-44 are included in the annotations for this Code section.

Permanent injuries.

- Court erred in failing to charge that mortality tables were to be used only if the injuries sued for were permanent, and that the value of the victim-wife's services and consortium in the future, for the loss of which the plaintiff husband sought recovery, should be reduced to present cash value when there was an issue as to whether or not the injuries sustained by the plaintiff wife were permanent. Davison-Paxon Co. v. Archer, 91 Ga. App. 131, 85 S.E.2d 182 (1954) (decided under former Ga. L. 1956, p. 68, § 1).

Jury not bound by tables.

- While standard mortality tables were admissible in evidence as an aid to the jury in determining the life expectancy of a deceased person, the jurors were not bound by such tables, but may have used any method known to jurors as upright and intelligent individuals in applying jurors' knowledge of the common phenomena and facts of human experience to the evidence, when sufficient facts appeared as to the age, health, physical condition, and habits of the deceased to afford a basis for a proper conclusion. Pollard v. Gorman, 52 Ga. App. 127, 182 S.E. 678 (1935) (decided under former law).

RESEARCH REFERENCES

C.J.S.

- 32A C.J.S., Evidence, § 1033.

ALR.

- Instructions regarding determination of life expectancy in action for personal injuries or death, 87 A.L.R. 910.

Admissibility and weight of mortality tables as evidence as affected by lack of normal health, 116 A.L.R. 416.

Shortening of life expectancy as element of damages recoverable in action by person injured or in action under survival statute or death statute, 131 A.L.R. 1351.

Use of mortality tables as aid in determining life expectancy of young child whose age is not tabulated therein, 162 A.L.R. 1003.

Admissibility of mortality tables in personal injury action as dependent upon showing of permanency of injury, 50 A.L.R.2d 419.

Cost of annuity as a factor for consideration in fixing damages in personal injury or death action, 53 A.L.R.2d 1454.

Counsel's use, in trial of personal injury or wrongful death case, of blackboard, chart, diagram, or placard not introduced in evidence, relating to damages, 86 A.L.R.2d 239.

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