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Phillips v. Singleton

The evidence did not support the plaintiffs' contention that the jury's award was based on its sympathy toward the defendant.

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Following a jury trial, Donna M. Phillips received a verdict in her favor of $10,747 for injuries she received in a car accident. Contending that the verdict was inadequate as a matter of law, Donna Phillips filed a motion for a new trial, which was denied.1 Likewise, Anthony Phillips, Donna’s husband, who was awarded $2,000 for loss of consortium, claimed that his verdict was inadequate, and he also filed a motion for new trial, which was denied. On appeal, both Donna and Anthony Phillips challenge the efficacy of the trial court’s decision to deny their motions for a new trial due to an inadequate verdict. See OCGA § 51-12-12. For the reasons set forth below, we affirm.

The record shows that, on June 14, 1992, Donna Phillips was injured in an accident when Sebrina Singleton, after failing to stop at an intersection, drove her car into Donna Phillips’ van. At trial, Singleton admitted her negligence in causing the collision. Following the accident, Donna Phillips, a dentist in the military at the time, developed severe headaches, pain in her neck, and numbness and tingling in her hands. She was diagnosed as having mild whiplash and a loss of normal curvature of the spine; however, a neurological exam produced normal results. Donna Phillips testified that these symptoms began shortly after the accident and have never subsided. Donna Phillips and several of her colleagues further testified that her pain makes it more difficult for her to treat and assist her patients.

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