2021 Georgia Code
Title 51 - Torts
Chapter 12 - Damages
Article 1 - General Provisions
§ 51-12-12. Court Interference With Jury Verdict as to Damages

1. 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.
2. 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.
3. 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.

(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.)

- 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).

ANALYSIS

• General Consideration
• Second Trials and Appeals
• Applicability to Specific Cases

RESEARCH REFERENCES

Am. Jur. 2d.

- 22 Am. Jur. 2d, Damages, §§ 5, 802, 827 et seq.

- 25A C.J.S., Damages, § 457 et seq.

- Excessiveness of verdict in action by person injured for injuries not resulting in death, 46 A.L.R. 1230; 102 A.L.R. 1125; 16 A.L.R.2d 3.

Power of court to reduce or increase verdict without giving party affected the option to submit to a new trial, 53 A.L.R. 779; 95 A.L.R. 1163.

Constitutionality, construction, and application of statute relating to excessiveness or inadequacy of damages as ground of reversal or new trial, 88 A.L.R. 943.

Right of jury to allow substantial damages in action for death of minor child not gainfully employed, 149 A.L.R. 234.

Duty to instruct, and effect of failure to instruct, jury as to reduction to present worth of damages for future loss on account of death or personal injuries, 154 A.L.R. 796.

Excessiveness of damages in action by person injured for personal injuries not resulting in death (for years 1941 to 1950), 16 A.L.R.2d 3.

Validity of verdict awarding plaintiff in personal injury action amount of medical expenses but failing to award damages for pain and suffering, 20 A.L.R.2d 276.

Propriety of limiting to issue of damages alone new trial granted on ground of inadequacy of damages awarded, 29 A.L.R.2d 1199.

Excessiveness or inadequacy of damages for false imprisonment or arrest, 35 A.L.R.2d 273.

Excessiveness or inadequacy of damages for malicious prosecution, 35 A.L.R.2d 308.

Verdict for money judgment which finds for party for ambiguous or no amount, 49 A.L.R.2d 1328.

Court's power to increase amount of verdict or judgment over either party's refusal or failure to consent to addition, 56 A.L.R.2d 213.

Verdict in excess of amount demanded as requiring new trial notwithstanding voluntary remittitur, 65 A.L.R.2d 1331.

Quotient verdicts, 8 A.L.R.3d 335.

Excessiveness or adequacy of damages awarded to injured person for injuries to arms, legs, feet, and hands, 11 A.L.R.3d 9, 13 A.L.R.4th 212, 12 A.L.R.4th 96.

Excessiveness or adequacy of damages awarded to injured person for injuries to head or neck, 11 A.L.R.3d 370, 14 A.L.R.4th 328, 15 A.L.R.4th 294, 16 A.L.R.4th 1127; 14 A.L.R.4th 328; 15 A.L.R.4th 294; 16 A.L.R.4th 1127.

Excessiveness or adequacy of damages awarded to injured person for injuries to organic systems and processes of body, 12 A.L.R.3d 475, 14 A.L.R.4th 539, 15 A.L.R.4th 519, 16 A.L.R.4th 1127.

Excessiveness or adequacy of damages awarded to injured person for injuries to trunk or torso, 12 A.L.R.3d 2117.

Party's acceptance of remittitur in lower court as affecting his right to complain in appellate court as to amount of damages for personal injury, 16 A.L.R.3d 1327.

Excessiveness and adequacy of damages for personal injuries resulting in death of minor, 49 A.L.R.3d 934.

Excessiveness or adequacy of damages awarded for personal injuries resulting in death of retired persons, 52 A.L.R.3d 1289.

Excessiveness or adequacy of damages awarded for injuries to arms and hands, 12 A.L.R.4th 96.

Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 35 A.L.R.4th 441.

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.

Excessiveness or inadequacy of compensatory damages for false imprisonment or arrest, 48 A.L.R.4th 165.

Excessiveness or adequacy of damages awarded for personal injuries resulting in death of retired persons, 48 A.L.R.4th 229.

Excessiveness and adequacy of damages for personal injuries resulting in death of minor, 49 A.L.R.4th 1076.

Excessiveness or inadequacy of compensatory damages for malicious prosecution, 50 A.L.R.4th 843.

Validity of verdict awarding medical expenses to personal injury plaintiff, but failing to award damages for pain and suffering, 55 A.L.R.4th 186.

Propriety of limiting to issue of damages alone new trial granted on ground of inadequacy of damages - modern cases, 5 A.L.R.5th 875.

Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 12 A.L.R.5th 195.

Excessiveness or adequacy of damages awarded for injuries to head or brain, 50 A.L.R.5th 1.

Excessiveness or adequacy of damages awarded for injuries to nerves or nervous system. 51 A.L.R.5th 467.