Orr v. CSX Transp., Inc., 505 S.E.2d 45 (Ga. Ct. App. 1998). · Go Syfert
Orr v. CSX Transp., Inc., 505 S.E.2d 45 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
19 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: F. D. Wilson Trucking Co. v. Ferneyhough (gactapp, 2004-09-27)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) F. D. Wilson Trucking Co. v. Ferneyhough
Ga. Ct. App. · 2004 · confidence medium
Co. v. Rowland, 181 Ga.App. 213, 218 (3), 351 S.E.2d 650 (1986). [2] Johnson v. State, 187 Ga.App. 803, 804 (4), 371 S.E.2d 419 (1988). [3] Head v. State, 276 Ga. 131, 135 (6), 575 S.E.2d 883 (2003). [4] Adkins v. Flagg, 147 Ga. 136, 137 (2)(a), 93 S.E. 92 (1917). [5] Findlay v. Griffin, 225 Ga.App. 475, 477 (5), 484 S.E.2d 80 (1997). [6] Shaw v. Brannon, 253 Ga.App. 673, 674-675 (3), 560 S.E.2d 289 (2002). [7] See OCGA § 40-6-49. [8] Lewis v. Uselton, 224 Ga.App. 428, 431 (7), 480 S.E.2d 856 (1997). [9] Hunter v. Hardnett, 199 Ga.App. 443, 443 (1), 405 S.E.2d 286 (1991). [10] Orr v. CSX Tran…
discussed Cited as authority (rule) Department of Transportation v. Robinson
Ga. Ct. App. · 2003 · confidence medium
See also Dept. of Transp. v. Taylor, 264 Ga. 18, 20 (3) (c) ( 440 SE2d 652 ) (1994) (recognizing that, to be compensable, interference with access cannot be that suffered by general public but must be unique to property owner, and “if he has the same access to the highway as he did before the closing, his damage is not special”) (emphasis omitted); MARTA v. Datry, 235 Ga. 568, 576 ( 220 SE2d 905 ) (1975) (a compensable taking occurs “if access to adjoining property is prevented or impaired”). 2 See Dept. of Transp. v. George, 202 Ga. App. 270, 272-273 (5) ( 414 SE2d 307 ) (1991); Glaze…
discussed Cited as authority (rule) Hand v. Pettitt
Ga. Ct. App. · 2002 · confidence medium
Co., 239 Ga. App. 18, 25-26 (3) ( 520 SE2d 735 ) (1999) (trial court reserved ruling on evidence); Orr v. CSX Transp., 233 Ga. App. 530, 531 (3) ( 505 SE2d 45 ) (1998) (same); Locke v. Vonalt, 189 Ga. App. 783, 785-786 (2) ( 377 SE2d 696 ) (1989) (same); Morris v. Southern Bell Tel. &c.
discussed Cited as authority (rule) Powell v. Alan Young Homes, Inc.
Ga. Ct. App. · 2001 · confidence medium
Auth., 215 Ga. App. 207, 208 ( 450 SE2d 235 ) (1994); see also Michelin Tire Corp. v. Irving, 185 Ga. App. 783, 784 (1) ( 366 SE2d 156 ) (1988). 7 See Copeland, 215 Ga. App. at 208-209 ; Michelin Tire Corp., 185 Ga. App. at 784-785 (1). 8 Orr v. CSX Transp., 233 Ga. App. 530, 531 (3) ( 505 SE2d 45 ) (1998). 9 Id. at 532 . 10 (Punctuation omitted.) Id. at 531 (2) (a). 11 See Taylor v. RaceTrac Petroleum, 238 Ga. App. 761, 764 (3) ( 519 SE2d 282 ) (1999) (physical precedent only). 12 Id.
discussed Cited as authority (rule) Lebbage v. State
Ga. Ct. App. · 2000 · confidence medium
See, e.g., Eackles v. State, 270 Ga. 558, 563 (9) ( 512 SE2d 635 ) (1999); Orr v. CSX Transp., 233 Ga. App. 530, 531 (2) (b) ( 505 SE2d 45 ) (1998); Levin v. State, 222 Ga. App. 123, 125-126 (3) ( 473 SE2d 582 ) (1996).
cited Cited as authority (rule) Thaxton v. Norfolk Southern Railway Co.
Ga. Ct. App. · 1999 · confidence medium
The court may reserve ruling on the admissibility of evidence until it is offered during trial.” (Citations omitted.) Orr v. CSX Transp., 233 Ga. App. 530, 531 (3) ( 505 SE2d 45 ) (1998).
discussed Cited "see" Jimenez v. Morgan Drive Away, Inc. (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Orr v. CSX Transp., 233 Ga. App. 530, 531 (2) (a) ( 505 SE2d 45 ) (1998). 4.
discussed Cited "see, e.g." Witty v. McNeal Agency, Inc. (2×)
Ga. Ct. App. · 1999 · signal: see also · confidence medium
OCGA § 5-5-24 (c); Irvin v. Oliver, 223 Ga. 193, 195-196 (2) ( 154 SE2d 217 ) (1967); see also Orr v. CSX Transp., 233 Ga. App. 530, 531 (2) ( 505 SE2d 45 ) (1998).
Retrieving the full opinion text from the archive…
Orr
v.
Csx Transportation, Inc.
A98A0811.
Court of Appeals of Georgia.
Jul 17, 1998.
505 S.E.2d 45
Edward S. Cook, for appellant., Casey, Gilson & Williams, James E. Gilson, for appellee.
McMurray, Blackburn, Eldridge.
Cited by 9 opinions  |  Published
McMurray, Presiding Judge.

Plaintiff Nickey Orr, along with five others, brought this claim under the Federal Employers’ Liability Act (45 USC § 51 et seq.) against defendant CSX Transportation, Inc. (“CSX”), alleging they sustained “hearing loss [and] ringing in the ears or tinnitus,” as a result of defendant’s negligence in “failing to provide ... a safe place to work [and] failing to provide proper ear protection for Plaintiffs . . .” during their employment affecting interstate commerce. CSX denied the material allegations, and after severance of the parties, the action was tried before a jury which returned a defense verdict in response to special interrogatories, expressly finding that CSX was not “negligent in one or more of the particulars alleged. . . .” Plaintiff’s motions for new trial and for judgment notwithstanding the verdict were denied, and this appeal followed. Held:

1. It was certainly not error for the trial court not to give a written request to charge on hearing loss prevention standards as promulgated by the federal Occupational Safety & Health Administration (OSHA), when such written request was withdrawn by plaintiff. Graham Bros.’ Constr. Co. v. C. W. Matthews Contracting Co., 159 Ga. App. 546, 549 (3) (284 SE2d 282).

2. Plaintiff’s second enumeration contends the trial court “erred as a matter of law when the court improperly charged the jury by neglecting to include applicable law, and including irrelevant matters, which confused the jury.” Plaintiff explains that, “Mather than an objection as to the court’s failure to give a requested charge, this [compound] enumeration challenges the actual charge which the court gave to the jury.” But then plaintiff argues the “failure to give the OSHA regulations as a standard of care in the charge was harmful as a matter of law.”

[*531] Here, in response to direct inquiry by the trial court, plaintiff interposed the following exception to the charge as given: “[PLAINTIFF’S COUNSEL]: Your Honor, we think that the issue on instructing of the duty to inspect the premises was —. THE COURT: That was your charge number what? [PLAINTIFF’S COUNSEL]: 12. THE COURT: All right. So noted counsel.”

(a) “Except as otherwise provided in [OCGA § 5-5-24 (c)], in all civil cases, no party may complain of the giving or the failure to give an instruction to the jury unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection.” OCGA § 5-5-24 (a); Mathews v. Penley, 242 Ga. 192, 193 (2) (249 SE2d 552). In the case sub judice, plaintiff did not reserve any exceptions to the charge for post-trial motions, and “the objection made at trial is abandoned as it is not enumerated as error. [Cit.]” Jackson v. Meadows, 157 Ga. App. 569, 570 (1), 571 (278 SE2d 8). The error enumerated and argued was not preserved for appellate review. Id. at 574 (5).

(b) Nor was the refusal to give the withdrawn request to charge on such OSHA standards as existed while plaintiff was employed by a predecessor railroad company a substantial error, harmful as a matter of law within the meaning of OCGA § 5-5-24 (c). This latter subsection refers “only to the failure to make objection to the charge, and not to those instances where the giving of an instruction, or the failure to give an instruction, is induced by counsel for the complaining party during the course of the trial, or specifically acquiesced in by counsel.” Irvin v. Oliver, 223 Ga. 193, 195 (2), 196 (154 SE2d 217).

3. Plaintiff moved in limine “to exclude [evidence] and direct the railroad’s attorneys not to argue that [plaintiff’s] hearing loss was caused by leukemia [or its treatment].” The trial court declined to rule on this motion and instructed plaintiff to “make objections during the course of the trial. [The trial court did not] see any basis to cut it out right now.” Thereafter, defendant “call[ed] by deposition Dr. Carlos Osmon . . . (Whereupon, the sworn testimony by deposition of CARLOS A. OSMON, M. D., was read into the record.)” In his third enumeration, plaintiff contends the trial court erred in allowing speculative testimony regarding plaintiff’s leukemia and treatment. The trial court has an absolute right to refuse to decide the admissibility of evidence, allegedly violative of some ordinary rule of evidence, prior to trial. State v. Johnston, 249 Ga. 413, 414 (3), 415 (291 SE2d 543). The court may reserve ruling on the admissibility of evidence until it is offered during trial. Morris v. Southern Bell Tel. &c. Co., 180 Ga. App. 145 (1) (348 SE2d 573). For aught that appears of record, plaintiff never obtained a ruling from the trial court on his pre-trial motion in limine. Thereafter, he never renewed his objec[*532] tions to Dr. Osmon’s testimony, or, in the one instance where he objected to testimony as speculative, never pursued his objection to a ruling because the witness agreed with the objection. In those instances where plaintiff did not raise a contemporaneous objection, he forfeited his right to insist the testimony should be excluded from evidence. Sharpe v. Dept. of Transp., 267 Ga. 267 (1), 270 (476 SE2d 722). In the one instance where a timely objection was interposed, no ruling was elicited from the trial court. Consequently, this enumeration presents nothing for decision on appeal.

Decided July 17, 1998. Edward S. Cook, for appellant. Casey, Gilson & Williams, James E. Gilson, for appellee.

Judgment affirmed.

Blackburn and Eldridge, JJ, concur.