2021 Georgia Code
Title 51 - Torts
Chapter 12 - Damages
Article 1 - General Provisions
§ 51-12-6. Damages for Injury to Peace, Happiness, or Feelings

In a tort action in which the entire injury is to the peace, happiness, or feelings of the plaintiff, no measure of damages can be prescribed except the enlightened consciences of impartial jurors. In such an action, punitive damages under Code Section 51-12-5 or Code Section 51-12-5.1 shall not be awarded.

(Orig. Code 1863, § 2999; Code 1868, § 3012; Code 1873, § 3067; Code 1882, § 3067; Civil Code 1895, § 3907; Civil Code 1910, § 4504; Code 1933, § 105-2003; Ga. L. 1987, p. 915, § 6.)

- For article, "Pre-Impact Pain and Suffering," see 26 Ga. St. B. J. 60 (1989). For annual survey article discussing tort law, see 51 Mercer L. Rev. 461 (1999). For article, "Sexual Harassment Claims Under Georgia Law," see 6 Ga. St. B. J. 16 (2000).

ANALYSIS

• General Consideration
• Evidentiary Principles
• Procedure
• Property Damage
• Applicability to Specific Cases

RESEARCH REFERENCES

Am. Jur. 2d.

- 22 Am. Jur. 2d, Damages, §§ 668-690.

- 25 C.J.S., Damages, § 114 et seq.

- Damages for mental anguish on account of mutilation of corpse, 12 A.L.R. 342.

Right to recover for mental pain and anguish alone, apart from other damages, 44 A.L.R. 428; 56 A.L.R. 657.

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.

"Sentimental" losses, including mental anguish, loss of society, and loss of marital, filial, or parental care and guidance, as elements of damages in action for wrongful death, 74 A.L.R. 11.

Recovery for illness, disease, or death claimed to have resulted from worry or mental anguish following breach of contract or tort, 122 A.L.R. 1486.

Mental distress from pregnant woman's apprehension or realization of injury to or loss of child, as element of damages in action for personal injury, 145 A.L.R. 1104.

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.

Recovery by tenant of damages for physical injury or mental anguish occasioned by wrongful eviction, 17 A.L.R.2d 936.

Recovery by contractor or artisan, suing for breach of warranty, of damages for loss of good will occasioned by use in his business of unfit materials, 28 A.L.R.2d 591.

Recovery for mental shock or distress in connection with injury to or interference with tangible property, 28 A.L.R.2d 1070.

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.

Right to recover damages in negligence for fear of injury to another, or shock or mental anguish at witnessing such injury, 29 A.L.R.3d 1337.

Recovery of damages for emotional distress resulting from racial, ethnic, or religious abuse or discrimination, 40 A.L.R.3d 1290.

Recovery for emotional distress or its physical consequences caused by attempts to collect debt owed by third party, 46 A.L.R.3d 772.

Liability in damages for withholding corpse from relatives, 48 A.L.R.3d 240.

Civil liability of undertaker in connection with embalming or preparation of body for burial, 48 A.L.R.3d 261.

Recovery for mental anguish or emotional distress, absent independent physical injury, consequent upon breach of contract in connection with sale of real property, 61 A.L.R.3d 922.

Recovery of damages for emotional distress resulting from discrimination because of sex or marital status, 61 A.L.R.3d 944.

Recovery of damages for emotional distress, fright, and the like, resulting from blasting operations, 75 A.L.R.3d 771.

Recovery for mental or emotional distress resulting from injury to, or death of, member of plaintiff's family arising from physician's or hospital's wrongful conduct, 77 A.L.R.3d 447.

Liability of hospital or similar institution for giving erroneous notification of patient's death, 77 A.L.R.3d 501.

Recovery under Civil Damage (Dram Shop) Act for intangibles such as mental anguish, embarrassment, loss of affection or companionship, or the like, 78 A.L.R.3d 1199.

Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, garnishment, sequestration, or execution, 83 A.L.R.3d 598.

Recovery by debtor, under tort of intentional or reckless infliction of emotional distress, for damages resulting from debt collection methods, 87 A.L.R.3d 201.

Relationship between victim and plaintiff-witness as affecting right to recover damages in negligence for shock or mental anguish at witnessing victim's injury or death, 94 A.L.R.3d 486.

Immediacy of observation of injury as affecting right to recover damages for shock or mental anguish from witnessing injury to another, 5 A.L.R.4th 833.

Recovery for mental anguish or emotional distress, absent independent physical injury, consequent upon breach of contract or warranty in connection with construction of home or other building, 7 A.L.R.4th 1178.

Liability for wrongful autopsy, 18 A.L.R.4th 858.

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

Modern status of intentional infliction of mental distress as independent tort, 38 A.L.R.4th 998.

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

Excessiveness or inadequacy of compensatory damages for defamation, 49 A.L.R.4th 1158.

Future disease or condition, or anxiety relating thereto, as element of recovery, 50 A.L.R.4th 13.

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

Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress, 52 A.L.R.4th 853.

Recoverability of compensatory damages for mental anguish or emotional distress for breach of service contract, 54 A.L.R.4th 901.

Excessiveness or adequacy of damages awarded for noneconomic loss caused by personal injury or death of spouse, 61 A.L.R.4th 309.

Excessiveness or adequacy of damages awarded parents' for noneconomic loss caused by personal injury or death of child, 61 A.L.R.4th 413.

Recoverability of compensatory damages for mental anguish or emotional distress for tortiously causing another's birth, 74 A.L.R.4th 798.

Liability for false obituary or news report of death, 85 A.L.R.4th 813.

Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.

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

Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress - ethnic, racial, or religious harassment or discrimination, 19 A.L.R.6th 1.

Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress - sexual harassment, sexual discrimination, or accusations concerning sexual conduct or orientation, 20 A.L.R.6th 1.

Pre-emption, by § 541(a) of Employee Retirement Income Security Act of 1974 (29 USCS § 1144(a)), of employee's state-law action for infliction of emotional distress, 102 A.L.R. Fed. 205.

Pre-emption, by National Labor Relations Act (29 USCS § 151 et seq.), of employee's state-law action for infliction of emotional distress, 103 A.L.R. Fed. 798.

Pre-emption, by Railway Labor Act (45 USCS § 151 et seq.), of employee's state-law action for infliction of emotional distress, 104 A.L.R. Fed. 548.