X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On appeal from the judgment entered on a jury’s condemnation award of $400,000 to property owner Nora Ann Jordan, the Georgia Department of Transportation DOT argues that the trial court erred when it admitted evidence of value in light of a possible rezoning of Jordan’s property and when it charged the jury on the subject. We disagree and affirm. On appeal from a trial court’s entry of judgment on a jury’s verdict in a condemnation action, “this court is bound to construe the evidence with every inference and presumption being in favor of upholding the jury’s verdict.” Dept. of Trans. v. Petkas , 189 Ga. App. 633, 641 9 377 SE2d 166 1988. The Petkas court also noted, however, that this principle has no application in the consideration of enumerations wherein the trial court’s evidentiary rulings are asserted to be erroneous. Resolution of questions of fact by the jury does not insulate the trial court’s legal rulings on the admissibility of evidence from appellate scrutiny. If the jury was allowed to find facts based upon evidence which was erroneously admitted or in the absence of evidence which was erroneously excluded, the judgment entered on that verdict must be reversed. Id. at 641 9. But the rule that the erroneous admission of evidence mandates reversal is itself subject to reasonable limitation: we do not reverse unless the erroneously admitted evidence was material .

Minor errors in the admission or rejection of testimony do not warrant a reversal of the judgment sustaining the verdict of the jury. It is incumbent upon the reviewing court to determine if the mistake was of sufficient magnitude to require a new trial. Thus, a judgment entered upon a jury’s verdict will not be reversed simply because improper opinion testimony relating to minor details in a case is admitted in evidence. Dual S. Enterprises v. Webb , 138 Ga. App. 810, 812-813 3 227 SE2d 418 1976.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

The University of Iowa College of Law anticipates hiring lateral faculty members in the areas of Family Law and Business Law. APPLICATION ...


Apply Now ›

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances, and depositions.Salary range 115K-150K depen...


Apply Now ›

The New York State Unified Court System is one of the largest court systems in the nation with over 16,000 judges and non-judicial employees...


Apply Now ›