Ronald and Debra Moore, as temporary guardians and conservators of Tracy Ann Boone, filed a negligence action against William Edward Stewart, seeking damages for injuries Boone sustained as a result of a vehicular accident involving Stewart. Following a jury trial, a verdict and judgment were entered in favor of Stewart. The Moores filed a motion for judgment notwithstanding the verdict “judgment n.o.v.”, or in the alternative, a motion for new trial. The Moores appeal from the trial court’s denial of both motions. While we affirm the portion of the trial court’s order denying the Moores’ motion for judgment n.o.v., we otherwise agree with the Moores that the trial court failed to apply the proper standard of review in considering the Moores’ motion for new trial under OCGA § 5-5-20. We therefore vacate the portion of the trial court’s order denying the Moores’ motion for new trial and remand the case for the trial court’s proper consideration of that motion. Where a jury returns a verdict, the same must be affirmed on appeal if there is any evidence to support it, and the evidence is to be construed in a light most favorable to the prevailing party with every presumption and inference in favor of sustaining the verdict. We review a denial of a motion for a new trial according to this same standard. Thus, a jury verdict, after approval by the trial court, and the judgment thereon will not be disturbed on appeal if supported by any evidence, in the absence of any material error of law. Citations and punctuation omitted. Green v. Key Custom Homes, Inc. , 302 Ga. App. 800, 802-803 1 692 SE2d 56 2010. So viewed, the evidence shows that on November 7, 2007, Boone sustained disabling injuries as a result of a vehicular collision involving Boone, Stewart, and James Vangilla nonparty in the underlying lawsuit. According to Stewart’s accident re-constructionist expert, Boone caused the initial collision when she turned her vehicle in front of oncoming traffic and collided with Vangilla’s vehicle. Boone’s initial collision with Vangilla caused her vehicle to move backwards in a diagonal position and collide with the front corner of Stewart’s vehicle, which had been traveling behind Boone. According to what Stewart could remember about the collision, he had glanced down to check his speed and upon looking back up, he saw that the driver of the vehicle in front of him Boone had applied her brake lights; although Stewart applied his brakes, he did not believe he could stop before striking Boone. As a result, Stewart “steered to the right and then remembered seeing trees.”
According to the Moores, however, it was Stewart’s negligence that was the sole cause of the collision. The Moores specifically alleged that Boone had been waiting to turn left when Stewart struck her from behind, which pushed her vehicle into oncoming traffic and caused her to collide with Vangilla’s vehicle. At trial, the Moores presented witness testimony in support of their theory that Stewart, and not Boone, was responsible for the initial collision. Through cross-examination and testimony of his expert accident re-constructionist, however, Stewart attempted to impeach the credibility of the Moores’ witnesses and otherwise discount their respective versions of the collision. The jury found in favor of Stewart.
