2021 Georgia Code
Title 24 - Evidence
Chapter 14 - Proof Generally
Article 3 - Particular Matters of Proof
§ 24-14-45. Other Mortality Tables

Universal Citation: GA Code § 24-14-45 (2021)
  1. In addition to any other lawful methods of computing the value of the life of a decedent in wrongful death cases or of determining the present value of future due earnings or amounts in proceedings involving permanent personal injuries, there shall be admissible in evidence, as competent evidence in such proceedings, either or both of the following mortality tables:
    1. The Commissioners 1958 Standard Ordinary Mortality Table; or
    2. Annuity Mortality Table for 1949, Ultimate.
  2. In addition to the provisions set out in subsection (a) of this Code section, the jury or court shall be authorized in cases of wrongful death or permanent personal injuries to use any table determined by the jury or court, whichever is the trier of fact, to be accurate in showing the value of annuities on single lives according to the mortality tables listed in subsection (a) of this Code section.
  3. The admissible evidence provided for in subsections (a) and (b) of this Code section shall not be the exclusive method which the jury or court is required to use in such proceedings but shall be supplementary to other lawful and allowable evidence and methods for such purpose.

(Code 1981, §24-14-45, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- The Commissioners 1958 Standard Ordinary Mortality Table and the Annuity Mortality Table for 1949, Ultimate, 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. 1970, p. 168, §§ 1, 3, 4, and former O.C.G.A. § 24-4-45 are included in the annotations for this Code section.

Jury's findings must be fair.

- While a jury had latitude in determining the value of a person's life in considering income, health, life expectancy, etc., and were not bound by mortality tables which may have been introduced in evidence and may have reduced the value of a person's life to its present cash value by any method satisfactory to them which produces a definite result that was fair and reasonable and was authorized by the evidence, their final finding as to the present cash value of the decedent's life must have been fair and within reason and adjusted to the evidence within the latitudes above mentioned. Swift & Co. v. Lawson, 95 Ga. App. 35, 97 S.E.2d 168 (1957) (decided under former law).

Expert testimony.

- Evidence offered by an expert on the value of the life of the deceased may have taken into account statistical studies and inflationary trends. Georgia S. & Fla. Ry. v. Odom, 152 Ga. App. 664, 263 S.E.2d 469 (1979) (decided under former Ga. L. 1970, p. 168, §§ 1, 3, 4).

Table properly admitted.

- Trial court did not err in admitting into evidence, over objection, a mortality table and in charging the jury on permanent injury since plaintiff was injured on February 28, 1983, and at the time of trial on March 19, 1986, was still disabled from performing some normal, everyday functions, and the court limited any damages awarded to future pain and suffering. Cox v. Cantrell, 181 Ga. App. 722, 353 S.E.2d 582 (1987) (decided under former O.C.G.A.24-4-45).

Cited in Bibbs v. Toyota Motor Corp., 304 Ga. 68, 815 S.E.2d 850 (2018).

RESEARCH REFERENCES

Am. Jur. 2d.

- 29A Am. Jur. 2d, Evidence, § 1348 et seq.

C.J.S.

- 32A C.J.S., Evidence, § 1033.

ALR.

- Medical books or treatises as independent evidence, 65 A.L.R. 1102; 84 A.L.R.2d 1338.

Remarriage tables, 25 A.L.R.2d 1464.

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.

Admissibility of evidence as to experiments or tests in civil action for death, injury, or property damage against electric power company or the like, 54 A.L.R.2d 922.

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.

Sufficiency of evidence, in personal injury action, to prove impairment of earning capacity and to warrant instructions to jury thereon, 18 A.L.R.3d 88.

Excessiveness or adequacy of damages awarded for personal injuries resulting in death of homemaker, 47 A.L.R.4th 100.

Excessiveness or adequacy of damages awarded for personal injuries resulting in death of persons engaged in trades and manual occupations, 47 A.L.R.4th 134.

Admissibility of evidence, in action for personal injury or death, of injured party's use of intoxicants or illegal drugs on issue of life expectancy, 86 A.L.R.4th 1135.

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