2022 Georgia Code
Title 51 - Torts
Chapter 12 - Damages
Article 1 - General Provisions
§ 51-12-12. Court Interference With Jury Verdict as to Damages
- 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.
- 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.
- 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.
History. 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.
History of Code section.
The language of this Code section is derived in part from the decision in Lang v. Hopkins, 10 Ga. 37 (1851).
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).
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).