Whelchel v. Thomas Ford Tractor, Inc., 378 S.E.2d 510 (Ga. Ct. App. 1989). · Go Syfert
Whelchel v. Thomas Ford Tractor, Inc., 378 S.E.2d 510 (Ga. Ct. App. 1989). Cases Citing This Book View Copy Cite
78 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Endsley v. Geotechnical & Environmental Consultants, Inc. (gactapp, 2016-10-28)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Endsley v. Geotechnical & Environmental Consultants, Inc. (2×)
Ga. Ct. App. · 2016 · confidence medium
See, e.g., Henry v. Watkins, 219 Ga. App. 80, 81 (2) ( 464 SE2d 215 ) (1995), cert. denied (Ga. Feb. 9, 1996); Ratliff v. CSX Transp., Inc., 219 Ga. App. 53, 56 (5) ( 464 SE2d 1 ) (1995), cert. denied (Ga. Feb. 9, 1996); Bean v. Landers, 215 Ga. App. 366, 368 (2) ( 450 SE2d 699 ) (1994), cert. denied (Ga. Feb. 24,1995); Dietz v. Becker, 209 Ga. App. 678, 681 (3) ( 434 SE2d 103 ) (1993), cert. denied (Ga. Oct. 29, 1993); Willard, 203 Ga. App. at 394 (2), cert. denied (Ga. May 8, 1992); Pouncey v. Adams, 206 Ga. App. 126, 127 (1) ( 424 SE2d 376 ) (1992); Barnes v. Wall, 201 Ga. App. 228, 230 (3)…
discussed Cited as authority (rule) Mildred Endsley v. Geotechnical & Environmental Consultants, Inc. (2×)
Ga. Ct. App. · 2016 · confidence medium
Cf. Harper v. Barge Air Conditioning, Inc., 313 Ga. App. 474, 479-80 (2) ( 722 SE2d 84 ) (2011) (addressing argument that trial court erred in denying motion for mistrial after defense counsel referred to workers’ compensation benefits during voir dire in order to “avoid any possible repetition at retrial,” and holding that the reference was “inherently prejudicial” and that the failure to grant motion for a new panel or provide a curative instruction “further compounded the error discussed” in prior division of opinion in which we held that reversal was necessary due to a separa…
cited Cited as authority (rule) Nalley Northside Chevrolet, Inc. v. Herring
Ga. Ct. App. · 1994 · confidence medium
Peterson v. State, 212 Ga. App. 31, 33 (2) ( 441 SE2d 267 ) (1994); Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156, 157 (2) ( 378 SE2d 510 ) (1989).
discussed Cited as authority (rule) Rodriguez v. Davis
Ga. Ct. App. · 1992 · confidence medium
Issacs v. Williams Bros., 195 Ga. App. 812 (2) ( 395 SE2d 11 ); Wigley v. Hambrick, 193 Ga. App. 903, 905 (5) ( 389 SE2d 763 ); Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156, 157 (2) ( 378 SE2d 510 ). 2.
discussed Cited "see" Karoly v. Kawasaki Motors Corp. U.S.A. (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
Id.; see Whelchel v. Thomas Ford Tractor, Inc., 190 Ga. App. 156, 157 (2) ( 378 SE2d 510 ) (1989).
examined Cited "see" Joiner v. Lane (3×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ) (1989). (b) Joiner has failed to show how he was harmed by the trial court’s rulings which first struck evidence solicited by him that a feud existed between the Joiner and Lane families and then subsequently admitted testimony that prior to the incident, John Lane did not like the Joiners.
discussed Cited "see" Northern Telecom, Inc. v. Wilkerson (2×)
Ga. Ct. App. · 1995 · signal: see · confidence high
See generally Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ).
discussed Cited "see" Henry v. Watkins (2×)
Ga. Ct. App. · 1995 · signal: see · confidence high
See generally Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ) and progeny.
discussed Cited "see" Strong v. Wachovia Bank of Georgia, N.A. (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See generally Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ); Thomas v. Clark, 188 Ga. App. 606, 608 ( 373 SE2d 668 ); Dimauro v. State, 185 Ga. App. 524, 525 ( 364 SE2d 900 ).
discussed Cited "see" Ryles v. First Oglethorpe Co. (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ).
discussed Cited "see" Ramsey v. Sumner (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ).
discussed Cited "see" Oglethorpe Power Corp. v. Sheriff (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See generally Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ).
examined Cited "see" Bonilla v. State (4×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ); cf. Dimauro v. State, 185 Ga. App. 524 (3) ( 364 SE2d 900 ).
discussed Cited "see" Swiedler v. Ferguson (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 (1) ( 378 SE2d 510 ).
discussed Cited "see" O'QUINN v. Southeast Radio Corp. (2×)
Ga. Ct. App. · 1989 · signal: see · confidence high
See Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 ( 378 SE2d 510 ) (1989).
examined Cited "see, e.g." Ellis v. Dalton (4×)
Ga. Ct. App. · 1989 · signal: see also · confidence low
See also Whelchel v. Thomas Ford Tractor, 190 Ga. App. 156 ( 378 SE2d 510 ), citing Maloy v. Dixon, 127 Ga. App. 151, 156, n. 2 ( 193 SE2d 19 ).
Retrieving the full opinion text from the archive…
Whelchel
v.
Thomas Ford Tractor, Inc.
77450.
Court of Appeals of Georgia.
Feb 2, 1989.
378 S.E.2d 510
James M. Walters, for appellant., Roland H. Stroberg, for appellee.
Birdsong, Banke, Beasley.
Cited by 37 opinions  |  Published
Birdsong, Judge.

Appellant/plaintiff filed notice of direct appeal “from the Order denying Plaintiff’s Motion for New Trial.” His motion for new trial was based on the general grounds, and was subsequently amended to include assertions of error, by admitting over objection, evidence of collateral source and by charging the jury as to the collateral source rule of OCGA § 51-12-1 (b).

Appellant/plaintiff was injured in an accident while driving a tractor with a cutter, which had been sold and connected together by appellee several years earlier. The injury occurred on May 7, 1982; pursuant to OCGA § 9-2-61, suit was filed on November 1, 1985. The new collateral source rule of OCGA § 51-12-1 (b) became effective on July 1, 1987. Held:

1. Appellant asserts that the trial court erred in allowing the introduction of collateral source evidence and in subsequently charging the court as to the collateral source rule of OCGA § 51-12-1 (b).

The jury was informed of certain Social Security benefits and workers’ compensation received by the appellant as a result of injuries sustained in the accident. The charge of the court was as follows: “[Y]ou . . . have heard evidence . . . the plaintiff has compensation or other benefits available to him as a result of his injuries . . . you may consider such . . . compensation or benefits ... in making any award of damages, but you do not have to consider it.” (Emphasis supplied.)

The admission of collateral source evidence and the giving of the above charge were errors, as the collateral source rule of OCGA § 51-12-1 (b) cannot be given retroactive effect and operates prospectively only. Powell v. Stephens, 258 Ga. 149 (368 SE2d 518); Polito v. Holland, 258 Ga. 54 (365 SE2d 273). However, “[i]t is an old and sound rule that error to be reversible must be harmful. [Cit.] Appellant must show error which has hurt him.” Leverett v. Flint Fuel, 183 Ga. App. 75, 78 (3) (357 SE2d 882); see Jackson v. Kight & Sons, 159 Ga. 584 (3) (126 SE 379).

The above charge limited the jury’s discretionary consideration of the admitted collateral source evidence to the question of damages. It is well-settled that “the giving of a charge ... or in the admission or exclusion of evidence, which go only to the matters of damages or the measure of damages, are harmless and afford no ground for reversal where a verdict was returned in favor of the defendant.” Maloy v. Dixon, 127 Ga. App. 151, 156, n. 2 (193 SE2d 19), and cases therein cited; see Johnson v. Amerson, 179 Ga. App. 75 (2) (345 SE2d 94). Appellant, however, invites this court to speculate that the jury would ignore the limited purpose for which the collateral source evidence[*157] was admitted and would consider it in determining the question of liability. We will not engage in such unwarranted speculation regarding the conduct of the jury, as “[t]his court is a court for the correction of errors and its decision must be made on the record . . . and not upon the briefs of counsel.” Jenkins v. Bd. of Zoning, 122 Ga. App. 412 (2) (177 SE2d 204). This assertion of errors is without merit.

Decided February 2, 1989. James M. Walters, for appellant. Roland H. Stroberg, for appellee.

2. Appellant also asserts that the trial court erred in refusing to charge the jury on the theory of products liability. We find that the appellant has waived this issue.

In this case, the appellant objected, during the charge conference, to the trial court’s decision not to give the requested charge. Subsequently during the same charge conference, after objecting to a proposed charge on collateral source evidence, appellant openly acknowledged the requirement to “perfect the record after the court gives the charge.” However, after the charges were given to the jury, the appellant did not thereafter object to the trial court’s actual omission of the requested charge, notwithstanding inquiry by the trial court as to this matter. “ ‘An objection to an instruction which is made during a charge conference, but which is not made or reiterated following the giving of the charge, fails to preserve the matter for review by an appellate court. The requirement is that there be a proper objection after the court instructed the jury and before the jury returned a verdict. (A)n objection made only at a charge conference is insufficient to preserve an issue for appeal.’ ” Sims v. Johnson, 185 Ga. App. 720-721 (365 SE2d 532); Brown v. Sims, 174 Ga. App. 243, 244 (329 SE2d 523). Moreover, this rule applies equally to the giving of an erroneous charge and to the declination to give a charge.

3. Appellant’s other assertions of error are without merit, and there exists sufficient evidence of record to support the jury’s verdict.

Judgment affirmed.

Banke, P. J., and Beasley, J., concur.