On January 29, 2001, we issued an opinion affirming in part and reversing in part a district court order granting a new trial in this personal injury action, and remanding for a new trial on the issue of damages only. We subsequently granted respondent’s petition for rehearing, and we now modify our previous opinion and remand for a new trial on the issues of both liability and damages.

Th

This appeal arises out of an action brought by the plaintiffs, Laurence Scanlon and Louise Scanlon, against the named defendant, Connecticut Light and Power Company (defendant), among others,1 alleging that the defendant’s negligent installation and maintenance of certain electrical equipment caused harm to the plaintiffs’ dairy herd, thereby causing economic loss to the plainti

We granted certiorari to the Court of Appeals in Kent v. Brown, 248 Ga. App. 447 (545 SE2d 598) (2001) (“Kent II”), to consider whether OCGA § 13-6-111 permits an award of attorney fees and expenses of litigation for proceedings before the appellate courts of this State. We conclude that it does not, and accordingly, affirm the judgment of the Court of Appeals.

David G. Brown, P.

At issue in these consolidated appeals is whether appellant, the District of Columbia, is liable for the deaths of the driver and a passenger in a motor vehicle which was struck by the driver of another vehicle who was being pursued in a high speed chase by police officers of the District of Columbia Metropolitan Police Department (MPD). Donna Love, who was driving, and her seven year old neph

Simon Property Group attempts to appeal from the district court's decision effectively staying the issuance of an injunction it will issue when a final judgment is entered. mySimon argues that we lack jurisdiction because the district court's decision is not an order "granting . . . or refusing" an injunction under 28 U.S.C. sec. 1292(a)(1).

Simon Property Group (SPG) is an Indianapo

The defendant, Trinity College, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Leslie Craine. The plaintiff, who had been denied tenure by the defendant, brought this action claiming age discrimination in violation of both the Age Discrimination in Employment Act, 29 U.S.C. § 623, and General Statutes § 46a-60, sex discrimination in vio

In this action for breach of contract, both parties find fault with the trial court’s post-trial rulings. The defendant, Telemundo Network, Inc., [Telemundo] claims error in the denial of its motion for judgment in accordance with its motion for directed verdict and for new trial, while the plaintiff, Spanish Television Services, Inc., [STS] contends the trial court erred in granting a

{1} This is a case involving error by a court clerk, neglect by a courier service, the result that a complaint was not file-stamped prior to the expiration of the statute of limitations, and a trial court's practical ruling permitting the case to proceed, which we affirm notwithstanding Defendant's several technical, procedural arguments. Defendant appeals from a judgment, finding it liable fo

This appeal involves several issues arising under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 - 12213. Specifically, we hold, first, that in a case tried to a jury, the court decides whether the plaintiff has identified "impairments" and "major life activities" recognized under the ADA, but that the jury decides whether the plaintiff has demonstrated by a preponderance of the evi

In this personal injury action, the defendants, David Cranford and the Salvation Army,1 appeal from the judgment, rendered after a jury trial, in favor of the plaintiff, Kathleen Ipacs. The defendants claim that the trial court improperly (1) denied their posttrial motion challenging the verdict as against the weight of the evidence, and (2) failed to instruct the jury on the plaintiff̵

The named defendant, the city of Waterbury (defendant), appeals1 from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Patrick Bovat, in his action to recover damages for personal injuries he sustained in an automobile accident that resulted from the defendant’s breach of its duties under the municipal defective highway statute, General Statutes

The appellants are appealing a jury verdict awarding damages of $25,000 each to the appellees, Reverend Emmitt Larry and his wife, Irene Larry. The facts giving rise to these awards are as follows. On March 25, 1998, one of Tri-County Farmers, Inc.'s tanker trucks attempted to turn around in appellees' driveway and became stuck. In attempting to remove the tanker, a small amount of the truck's loa

In this suit for negligence, a jury found in the plaintiffappellant’s favor and awarded $1,596,000 to the estate of sixteen-year-old Bobby Haight, who ultimately died after an automobile collision at the intersection of 26th Street and Benning Road, N.E. At the time, the intersection was controlled by a malfunctioning traffic signal light, and the jury found appellee, the District of Col

Plaintiff Randall "Tex" Cobb, a former professional boxer and character actor, sued defendant Time, Inc. d/b/a Sports Illustrated ("SI") for libel. The action arose out of an article that appeared in the October 4, 1993 edition of the publication Sports Illustrated, a prominent national sports magazine. The article, entitled "The Fix Was In," dealt with a number of professional boxing matches invo

DTG Datanet (Datanet) appeals from a judgment of the district court1 entered upon a jury verdict in favor of Timothy Moysis on his federal claim under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-213, and his state claim of intentional infliction of emotional distress. On appeal, Datanet challenges the district court's denial of its motion for judgment as a matter of law (JAML)

In this wrongful death action, the dispositive question to be decided on appeal is whether the circuit court erred in remitting portions of a jury verdict for the plaintiff. Because we conclude that the circuit court failed to consider the evidence relevant to damages in the light most favorable to the plaintiff, we will reverse the judgment of the circuit court and reinstate the jury

Aqua Vac Systems, Inc. ("Aqua Vac") appeals from the district court's entry of final judgment on a jury verdict finding it liable for $707,266.00 in damages resulting from its failure to give adequate notice to Maytronics, Ltd. ("Maytronics") prior to terminating a distributorship agreement between the two companies. Aqua Vac also appeals the district court's award of $91,081.71 in pre-judgment in

These four consolidated appeals arose out of an accident in which roofers Mark Schaefer and Wayne Rothgeb, employees of Schaefer and Sons Roofing, Inc. (“Schaefer Roofing”), were injured when a scaffolding platform rented from Spider Staging Corporation (“Spider Staging”) collapsed. Rothgeb fell twenty-five feet before safety equipment stopped his fall. Schaefer fell fo

Patricia Baty brought a Title VII action against her former employer, Willamette Industries, Inc., alleging hostile work environment sexual harassment, quid pro quo sexual harassment, retaliatory discharge, and various state law claims. Her hostile work environment and retaliation claims were tried to a jury, which awarded her a total of $145,000 in compensatory damages, $1 million in punitive dam

("Equifax"), appeals from a $300,000 judgment entered on a jury verdict in favor of Plaintiff-Appellee, Sharon Deters ("Ms. Deters"), on her sexual harassment claim. The jury awarded Ms. Deters $5,000 in compensatory damages, and $1,000,000 in punitive damages, later reduced by the court to $295,000 based on the cap established by 42 U.S.C. § 1981a(b)(3). The district court denied Equifax's post-t

This matter is before the court on an appeal from the district court's denial of several motions filed by appellant American Federation of State, County and Municipal Employees ("AFSCME"). AFSCME's motions sought judgment as a matter of law, a new trial, and remittitur. The plaintiff, Jeremias Silva, worked at one time as a union organizer for AFSCME. He brought several claims against AFSCME: (1)

The Terminix International Company, L.P., appeals from a jury verdict awarding punitive damages based on injuries suffered by Vickie Bielicki, Marta Romana, and Cindy Vigil from a Terminix employee's spraying of a toxic pesticide in their presence. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I

On April 17, 1997, Bielicki, Romana, and Vigil were routinely finishing

In this action alleging racial discrimination in violation of 42 U.S.C. SS 1981 and 1983, and Title VII, the jury returned a verdict in favor of Janet Evans, finding that her employer, the Port Authority of New Jersey, discriminated against her when it failed to promote her to the position of client manager in 1994. Evans was awarded back pay, front pay, and compensatory damages. The Distric

Sheri Callantine (Callantine) brought the instant action after her termination by Staff Builders, Inc. (Staff Builders). A jury returned a verdict in favor of Callantine on her state law claims for wrongful termination and for failure to provide a service letter as required by Missouri state law. The jury awarded Callantine $2,807.85 in actual damages and $180,000 in punitive damages on the wr

Carl and Vera Griggs appeal from the judgment entered on a jury verdict in favor of Michael Armon in his action for wrongful eviction and conversion. Armon sued the Griggses after Mr. Griggs changed the locks on the building Armon was leasing for use as a bar. On appeal, the Griggses raise several arguments, only one of which is of import.

Division Two holds: Where Armon (1) presented evide