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Setliff v. Littleton12/15/2003
ponsibility of her parents." Setliff argues that "Sally Littleton was not able to prove she was entitled to an award of $17,634.68 of medical bills," incurred prior to Kelly Littleton's eighteenth birthday.
This rather arcane argument overlooks the incontrovertible fact that the jury did not award any damages to Sally Littleton. For whatever reason, Sally Littleton elected not to present any case on her own behalf. The verdict form plainly reflects that the jury awarded the entire amount of $244,774.34 solely to Kelly Littleton. Even assuming that Setliff meant to argue that Kelly Littleton could not recover amounts paid by her parents during her minority, that argument must likewise fail. Evidence of special damages, including the medical expenses incurred while Littleton was a minor, was admitted without objection. Exhibit 2 documents that Littleton's medical expenses were already in excess of $44,700 and that her future medical expenses for knee replacement surgeries were estimated at $50,000 in present dollars. But, in entering its general verdict, the jury did not segregate how much of its lump sum award was attributable to pain and suffering or to present medical expenses or to future ones. Therefore, it is impossible to say that in calculating the damages, the jury, in fact, included the medical expenses incurred by her parents while Littleton was still a minor, as Setliff now claims. See Jarrell v. State Merit System &c; (right to recover for minor's medical expenses vested exclusively in parents).
In any event, the issue was waived. After the jury returned the general verdict, the trial court asked counsel, "Any objection to the form of the verdict?" to which defense counsel replied, "No, Your Honor." Counsel's failure to object to the form of verdict effectively waived any possible irregularity. Williams v. Adams. Further, since the verdict seems to fall within the range of evidence, we will not disturb the judgment entered thereon. See id.
2. In five distinct claims enumerated as error, Setliff asserts that the trial court erred by charging the jury on obeying the rules of the road, driving on the left side of the road, driving on the right side of the road except as permitted by OCGA ยง 40-6-40 (a), overtaking a vehicle while traveling on the left side, and yielding the right of way, because "liability had been admitted."
At the charge conference, the trial court informed counsel that the jury would be instructed on general negligence principles. At that point, defense counsel queried, "Even though we are admitting liability?" The trial court responded, "But y'all are not admitting anything. You are just admitting you caused the wreck." Defense counsel did not object to the trial court's interpretation of the proceedings or attempt to dispute that characterization. Setliff has not cited and we have not found in the transcript where the defense unconditionally stipulated to liability.
"Although a guilty plea is an admission against interest and prima facie evidence of the facts admitted, it is not conclusive that [Amin] was negligent and is only a circumstance to be considered with other evidence in a civil action for damages." Sanders v. Moore. So even though a certified copy of Amin's guilty plea to driving on the wrong side of the road was entered in evidence, Littleton still had to establish not only Amin's negligence but also that his negligence caused her alleged damages. See Tuggle v. Helms.
While conceding that the defense failed to object to the five charges dealing with the rules of the road, Setliff now argues that this Court should consider those charges under the "substantial error" r
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