Troy Lee, individually and d/b/a “Lee Tree Service,” appeals the judgment entered on the jury’s verdict and the order denying his motion for judgment notwithstanding the verdict “j.n.o.v.”, or, in the alternative, for a new trial in his negligence action against Georgia Power Company “GPC”. In his complaint, Lee contended that GPC flooded Lee’s property on September 17, 2004, by suddenly releasing excessive amounts of water through the spillway gates “flood gates” of Mathis Dam, a hydroelectric dam also known as Lake Rabun Dam “the Dam”, during a storm following Hurricane Ivan. The Dam crossed the Tallulah River upstream of Lee’s property. Lee demanded compensatory damages of at least $282,330, attorney fees, and punitive damages. At trial, Lee contended, inter alia, that GPC was negligent by storing excessive amounts of water in the Lake Rabun reservoir above the Dam and by failing to warn downstream residents before opening the flood gates. On appeal, Lee argues that the trial court erred in failing to excuse a juror for cause, in denying his motion for directed verdict regarding GPC’s duty to warn, in granting GPC’s motion for directed verdict on the issue of attorney fees, in refusing to give many of his requests to charge, and finally, in sustaining an objection during his closing argument. Discerning no error, we affirm. Although Lee does not challenge the adequacy of the evidence to support the verdict, we set out for clarity the evidence relevant to his enumerated errors. “The standard for granting a motion for j.n.o.v. is the same as that for a motion for a directed verdict, and this Court reviews the denial of either motion under the ‘any evidence’ standard” of review.1 So viewed, the evidence shows that heavy rains from the remnants of Hurricane Ivan caused the levels of Lakes Burton, Rabun, and Seed to rise very rapidly beginning on September 16, 2004. GPC dispatched a maintenance crew to the Dam at Lake Rabun during the storm to monitor lake levels. As the water rose above “full pond,” or the height of the flood gates, the crew opened the gates in sequence. Because the water kept rising, GPC eventually opened all 16 gates.
Lee’s property is located in Lakemont on Shady Lane Road, bordering the banks of the Tallulah River. The Road also leads to the Dam. After the flood gates were opened, the Tallulah River rose rapidly, causing a flood downstream. A witness who owned a business adjacent to the Tallulah River testified that the water rose from ankle-deep to chest high in about four to six minutes around 9:30 a.m. on September 17. Lee testified that the water came raging through his shop located on the property, rising to six feet deep inside. He sustained damage to his personal property, including machinery utilized in his tree service business.
