Mattox v. Metro. Atlanta Rapid Transit Auth., 409 S.E.2d 267 (Ga. Ct. App. 1991). · Go Syfert
Mattox v. Metro. Atlanta Rapid Transit Auth., 409 S.E.2d 267 (Ga. Ct. App. 1991). Cases Citing This Book View Copy Cite
“if any portion of the request is inapt, incorrect, or not authorized by the evidence, denial of the request is proper.”
158 citation events (34 in the last 25 years) across 2 distinct courts.
Strongest positive: Turner Broadcasting System, Inc. v. McDavid (gactapp, 2010-03-26)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
examined Cited as authority (quoted) Turner Broadcasting System, Inc. v. McDavid (3×) also: Cited as authority (rule), Cited "see, e.g."
Ga. Ct. App. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence low
if any portion of the request is inapt, incorrect, or not authorized by the evidence, denial of the request is proper.
discussed Cited as authority (rule) Melissa Baker v. Tracey Cuthbertson, as the of the Estate of Robert Moffitt (2×) also: Cited "see"
Ga. Ct. App. · 2024 · confidence medium
So, to prove her fraud claim, Cuthbertson was required to show Baker intended to induce Moffitt—an elderly man suffering from dementia—to allow her to do all of the foregoing.19 19 See supra note 18 & accompanying text. 13 Additionally, when evidence is offered and objected to, “if it is competent for any purpose, it is not erroneous to admit it.”20 And importantly, even evidence of “doubtful relevancy or competency should be admitted and its weight left to the jurors.”21 Here, given the significant deference we owe the trial court in determining whether to admit evidence and that …
discussed Cited as authority (rule) Lifestyle Family, L.P. v. Lawyers Title Insurance
Ga. Ct. App. · 2002 · confidence medium
Perimeter Realty v. GAPI, Inc., supra at 596 (11). 19 OCGA § 10-6A-3 (10). 20 (Citations and punctuation omitted.) Mattox v. MARTA, 200 Ga. App. 697, 699 (4) ( 409 SE2d 267 ) (1991). 21 Morgan v. Siegal, 135 Ga. App. 559, 560 (1) ( 218 SE2d 280 ) (1975). 22 Grier v. Brogdon, 234 Ga. App. 79 (1) ( 505 SE2d 512 ) (1998); OCGA § 9-11-50 (a). 23 Brandon v. Clark, 235 Ga. App. 614 (1) ( 510 SE2d 153 ) (1998). 24 Deep Six v. Abernathy, 246 Ga. App. 71, 73 (2) ( 538 SE2d 886 ) (2000). 25 See OCGA § 13-3-4; see generally Sheridan v. Crown Capital Corp., 251 Ga. App. 314, 318-319 (2) ( 554 SE2d 296 …
discussed Cited as authority (rule) Cox v. Allen
Ga. Ct. App. · 2002 · confidence medium
If any portion of the request is inapt or incorrect, denial of the request is proper.” (Citations and punctuation omitted; emphasis in original.) Mattox v. MARTA, 200 Ga. App. 697, 699 (4) ( 409 SE2d 267 ) (1991). 4.
discussed Cited as authority (rule) Franklin v. Franklin
Ga. Ct. App. · 2002 · confidence medium
OCGA § 19-3-1.1. 2 (Citations, punctuation and footnote omitted.) Wright v. Goss, 229 Ga. App. 393, 394 (1) ( 494 SE2d 23 ) (1997). 3 Id. at 395 (1). 4 (Emphasis in original.) Id. 5 See In re Estate of Dunn, 236 Ga. App. 211, 212-213 (2) (b) ( 511 SE2d 575 ) (1999) (holding that evidence supported finding of no common-law marriage where party to alleged marriage did not consistently claim or engage in conduct consistent with existence of common-law marriage). 6 See Ridley v. Grandison, 260 Ga. 6 ( 389 SE2d 746 ) (1990) (holding that evidence supported finding of common-law marriage even thoug…
discussed Cited as authority (rule) Ford's & Gantt Co., Inc. v. Wallace
Ga. Ct. App. · 2001 · confidence medium
If any portion of the request is inapt or incorrect, denial of the request is proper.” (Citations and punctuation omitted; emphasis in original.) Mattox v. MARTA, 200 Ga. App. 697, 699 (4) ( 409 SE2d 267 ) (1991).
cited Cited as authority (rule) Strange v. Bartlett
Ga. Ct. App. · 1999 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 698 (2) ( 409 SE2d 267 ) (1991).
discussed Cited as authority (rule) Joiner v. Lane
Ga. Ct. App. · 1998 · confidence medium
See Roberts v. Chapman, 228 Ga. App. 365, 367 (2) ( 492 SE2d 244 ) (1997); Lindley v. State, 225 Ga. App. 338, 342 (2) (a) ( 484 SE2d 33 ); Mattox v. MARTA, 200 Ga. App. 697, 699 (4) (409 SE2d. 267) (1991).
cited Cited as authority (rule) Grimsley v. State
Ga. Ct. App. · 1998 · confidence medium
See Hertz Corp. v. McCray, 198 Ga. App. 484, 487-488 (4) ( 402 SE2d 298 ) (1991); Mattox v. MARTA, 200 Ga. App. 697, 700 (8) ( 409 SE2d 267 ) (1991).
cited Cited as authority (rule) General Manufactured Housing, Inc. v. Murray
Ga. Ct. App. · 1998 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 700 (6) ( 409 SE2d 267 ) (1991).
cited Cited as authority (rule) Brackett v. Cartwright
Ga. Ct. App. · 1998 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 ) [(1991)].” Rockdale Body Shop v. Thompson, supra at 822 (1).
discussed Cited as authority (rule) United States Fidelity & Guaranty Co. v. Paul Associates, Inc.
Ga. Ct. App. · 1998 · confidence medium
If any portion of the request is inapt or incorrect, denial of the request is proper.” (Citations and punctuation omitted; emphasis in original.) Mattox v. MARTA, 200 Ga. App. 697, 699 (4) ( 409 SE2d 267 ) (1991); accord Continental, supra at 126-127 .
cited Cited as authority (rule) Barham v. Levy
Ga. Ct. App. · 1997 · confidence medium
If any portion of the request is inapt or incorrect, denial of the request is proper.” (Punctuation omitted; emphasis in original.) Mattox v. MARTA, 200 Ga. App. 697, 699 ( 409 SE2d 267 ).
discussed Cited as authority (rule) Trustees of Trinity College v. Ferris
Ga. Ct. App. · 1997 · confidence medium
Appellants contend that the court erred in denying their motion for directed verdict because there was no evidence of gross negligence. “[I]n considering a ruling on a motion for directed verdict, the evidence must be construed most favorably to the party opposing the motion. . . . [T]he standard of appellate review of the trial court’s denial of a motion for a directed verdict is the ‘any evidence’ standard.” (Punctuation omitted.) Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 ) (1991).
discussed Cited as authority (rule) United Services Automobile Ass'n v. Carroll
Ga. Ct. App. · 1997 · confidence medium
And, ‘ “(t)he standard of appellate review of the trial court’s denial of a motion for a directed verdict is the ‘any evidence’ standard.” ’ F. A. F. Motor Cars v. Childers, 181 Ga. App. 821 (1) ( 354 SE2d 6 ).” Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 ) (1991).
cited Cited as authority (rule) Rockdale Body Shop, Inc. v. Thompson
Ga. Ct. App. · 1996 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 ). 2.
discussed Cited as authority (rule) Whitley v. Gwinnett County (2×)
Ga. Ct. App. · 1996 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 699 (4), 409 S.E.2d 267 (1991).
cited Cited as authority (rule) Grubb v. Woodglenn Properties, Inc.
Ga. Ct. App. · 1996 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 700 (8) ( 409 SE2d 267 ) (1991).
discussed Cited as authority (rule) Halta v. Bailey
Ga. Ct. App. · 1995 · confidence medium
And, the standard of appellate review of the trial court’s denial of a motion for a directed verdict is the ‘any evidence’ standard.” (Citations and punctuation omitted.) Mattox v. MARTA, 200 Ga. App. 697, 698 ( 409 SE2d 267 ) (1991).
discussed Cited as authority (rule) Department of Transportation v. 2.953 Acres of Land
Ga. Ct. App. · 1995 · confidence medium
The standard for review of *48 a directed verdict and a judgment n.o.v. are the same: Where there is no conflict in the evidence as to any material issue, and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed. . . . [T]he standard of appellate review of the trial court’s denial of a motion for a directed verdict is the ‘any evidence’ standard.” (Citations and punctuation omitted.) Mattox v. MARTA, 200 Ga. App. 697, 698 ( 409 SE2d 267 ) (1991).
discussed Cited as authority (rule) Uniroyal Goodrich Tire Co. v. Ford
Ga. Ct. App. · 1995 · confidence medium
Although cases also hold that the “any evidence” rule is the standard of appellate review of the trial court’s denial of a motion for a directed verdict (see Mattox v. MARTA, 200 Ga. App. 697, 698 ( 409 SE2d 267 ) (1991)), this should not be taken to imply that the appellate court will defer to the trial judge’s determination if there is “any evidence” whatsoever to support it.
cited Cited as authority (rule) Wilson Foods Corp. v. Turner
Ga. Ct. App. · 1995 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 ).
cited Cited as authority (rule) Strong v. Wachovia Bank of Georgia, N.A.
Ga. Ct. App. · 1994 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 ). *574 The standard of appellate review of a trial court’s denial of a directed verdict motion is the “any evidence” standard.
cited Cited as authority (rule) Valdez v. Power Industry Consultants, Inc.
Ga. Ct. App. · 1994 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 699 (2) ( 409 SE2d 267 ) (1991).
discussed Cited as authority (rule) Minor v. State
Ga. · 1994 · confidence medium
A requested charge, however, must be “ ‘legal, apt and precisely adjusted to some principle involved in the case and be authorized by the evidence.’ ” (Emphasis supplied.) Hill v. State, 259 Ga. 557, 558 ( 385 SE2d 404 ) (1989) (quoting Estep v. State, 181 Ga. App. 842, 844 ( 353 SE2d 913 ) (1987)). “ ‘If any portion of the request is inapt or incorrect, denial of the request is proper.’ ” (Emphasis in original.) Harmon v. State, 208 Ga. App. 271, 274 ( 430 SE2d 399 ) (1993) (quoting Mattox v. MARTA, 200 Ga. App. 697, 699 ( 409 SE2d 267 ) (1991)).
cited Cited as authority (rule) Woityra v. State
Ga. Ct. App. · 1994 · confidence medium
If any portion of the request is inapt or incorrect, denial of the request is proper.” (Punctuation omitted.) Mattox v. MARTA, 200 Ga. App. 697, 699 ( 409 SE2d 267 ).
discussed Cited as authority (rule) Multimedia WMAZ, Inc. v. Kubach (2×)
Ga. Ct. App. · 1994 · confidence medium
Applying the review standard of "any evidence" ( Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 )), it is my conclusion that the trial court erred in denying appellant's motion for directed verdict as to punitive damages.
cited Cited as authority (rule) Oglethorpe Power Corp. v. Sheriff
Ga. Ct. App. · 1993 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 699 (2) ( 409 SE2d 267 ).
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1993 · confidence medium
Mattox v. MARTA, 200 Ga. App. 697, 699 ( 409 SE2d 267 ).
cited Cited as authority (rule) Roswell Properties, Inc. v. Salle
Ga. Ct. App. · 1993 · confidence medium
If any portion of the request is inapt or incorrect, denial of the request is proper.” (Citations and punctuation omitted.) Mattox v. MARTA, 200 Ga. App. 697, 699 ( 409 SE2d 267 ).
cited Cited as authority (rule) Harmon v. State
Ga. Ct. App. · 1993 · confidence medium
If any portion of the request is inapt or incorrect, denial of the request is proper.” (Citations and punctuation omitted.) Mattox v. MARTA, 200 Ga. App. 697, 699 (4) ( 409 SE2d 267 ). 6.
discussed Cited as authority (rule) Griffin v. Kangaroo, Inc.
Ga. Ct. App. · 1993 · confidence medium
Griffin appeals from the entry of judgment upon the court’s direction of a verdict in favor of defendants Kangaroo, Inc. and Mansfield Oil Co. on her claims for trespass, nuisance and negligent maintenance of gasoline storage tanks. 1. “ ‘(O)n appeal, we must construe the evidence most strongly to support the jury verdict and the judgment’ [cit.]; likewise, in considering a ruling on a motion for directed verdict, the evidence must be construed most favorably to the party opposing the motion. [Cit.] *191 The standard for review of a directed verdict and a judgment n.o.v. are the same: …
cited Cited as authority (rule) Krause v. Vance
Ga. Ct. App. · 1993 · confidence medium
See Coastal Equities v. Chatham County Bd., 201 Ga. App. 571, 574 (2) ( 411 SE2d 540 ) (1991); Mattox v. MARTA, 200 Ga. App. 697, 698-699 (2) ( 409 SE2d 267 ) (1991). 16.
discussed Cited as authority (rule) Campbell v. Cozad
Ga. Ct. App. · 1993 · confidence medium
Department of Transp. v. Freeman, 187 Ga. App. 883, 884 (1) ( 371 SE2d 887 ). “ ‘If any portion of the request is inapt, incorrect, or not authorized by the evidence, denial of the request is proper.’ ” Mattox v. MARTA, 200 Ga. App. 697, 698 (2) ( 409 SE2d 267 ); accord Continental &c.
discussed Cited as authority (rule) Bryson v. Button Gwinnett Savings Bank
Ga. Ct. App. · 1992 · confidence medium
“A requested charge is properly refused when the principle involved is substantially covered by the court’s general charge.” (Punctuation and citations omitted.) Mattox v. MARTA, 200 Ga. App. 697, 699 (2) ( 409 SE2d 267 ) (1991).
discussed Cited as authority (rule) Continental Research Corp. v. Reeves (2×)
Ga. Ct. App. · 1992 · confidence medium
If any portion of the request is inapt or incorrect, denial of the request is proper.” (Punctuation omitted.) Mattox v. MARTA, 200 Ga. App. 697, 699 (4) ( 409 SE2d 267 ).
discussed Cited as authority (rule) Morris v. State Farm Mutual Automobile Insurance (2×)
Ga. Ct. App. · 1992 · confidence medium
Hill v. State, 259 Ga. 557, 558 (3 b) ( 385 SE2d 404 ); Mattox v. MARTA, 200 Ga. App. 697, 699 (4) ( 409 SE2d 267 ); Jones v. State, 200 Ga. App. 519, 521 (2 c) ( 408 SE2d 823 ).
discussed Cited "see" Colp v. Ford Motor Co. (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See Mattox v. MARTA, 200 Ga. App. 697, 700 (8) ( 409 SE2d 267 ) (1991). 11 (Punctuation and footnote omitted.) Stovall, supra. 12 Id.
discussed Cited "see" Gay v. Hatfield (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See generally Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 ) (1991); McClure v. Ga. Power Co., 171 Ga. App. 257, 258-259 (1) ( 319 SE2d 93 ) (1984). 2.
discussed Cited "see" Roberts v. Chapman (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Mattox v. MARTA, 200 Ga. App. 697, 699 (2) ( 409 SE2d 267 ) (1991).
discussed Cited "see" Walker v. Metropolitan Atlanta Rapid Transit Authority (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Mattox v. MARTA, 200 Ga. App. 697, 698 (2) ( 409 SE2d 267 ) (1991); Battey v. Savannah Transit Auth., 123 Ga. App. 685, 689 (2) ( 182 SE2d 129 ) (1971); Filler v. Hanger Cab Co., 115 Ga. App. 260, 263 ( 154 SE2d 420 ) (1967).
discussed Cited "see, e.g." Bumgarner v. Green (2×)
Ga. Ct. App. · 1997 · signal: compare · confidence medium
OCGA § 9-11-50 (e); compare Mattox v. MARTA, 200 Ga. App. 697, 698 (1) ( 409 SE2d 267 ) (1991). 2.
discussed Cited "see, e.g." Shilliday v. Dunaway (2×)
Ga. Ct. App. · 1996 · signal: see also · confidence medium
See also Mattox v. MARTA, 200 Ga. App. 697, 699 (4) ( 409 SE2d 267 ) (1991).
Retrieving the full opinion text from the archive…
Mattox
v.
Metropolitan Atlanta Rapid Transit Authority
A91A0893.
Court of Appeals of Georgia.
Jul 11, 1991.
409 S.E.2d 267
Glenville Haldi, for appellant., Anthony M. Thomasson, Daniel P. Johnson, for appellee.
Birdsong, Pope, Cooper.
Cited by 71 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 67%
Citer courts: Court of Appeals of Georgia (1)
Birdsong, Presiding Judge.

Naomi Mattox appeals from the final judgment entered in favor of appellee and denying appellant’s motion for new trial.

Appellant was a regular rider of MARTA for two-and-one-half years prior to the incident. She was injured when, after she boarded the train, her foot became lodged in the approximate 3-3/4 inch “gap” between the side of the train and the platform. Held:

1. In this state, a common carrier of passengers is not an absolute and unqualified insurer of the safety of its passengers. Rather, “[a] carrier of passengers must exercise extraordinary diligence to protect the lives and persons of his passengers but is not liable for injuries to them after having used such diligence.” OCGA § 46-9-132.

“[0]n appeal, we must construe the evidence most strongly to support the jury verdict and the judgment” (Department of Transp. v. Hillside Motors, 192 Ga. App. 637, 639 (2) (385 SE2d 746)); likewise, in considering a ruling on a motion for directed verdict, the evidence must be construed most favorably to the party opposing the motion. McCarty v. Nat. Life &c. Ins. Co., 107 Ga. App. 178, 184 (129[*698] SE2d 408). The standard for review of a directed verdict and a judgment n.o.v. are the same: “Where there is no conflict in the evidence as to any material issue, and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed.” Pendley v. Pendley, 251 Ga. 30 (302 SE2d 554). And, “‘[t]he standard of appellate review of the trial court’s denial of a motion for a directed verdict is the “any evidence” standard.’ ” F. A. F. Motor Cars v. Childers, 181 Ga. App. 821 (1) (354 SE2d 6).

“It is ordinarily for the jury to determine whether the performance or non-performance of a specific act is in compliance with the duty imposed on a carrier by the provisions of [OCGA § 46-9-132] as to the exercise by it of extraordinary care and diligence. [Cit.] What facts suffice to show the exercise of such extraordinary diligence is ordinarily for the jury.” Modern Coach Corp. v. Faver, 87 Ga. App. 221, 229 (2) (73 SE2d 497). “The rule . . . ‘[i]t is ordinarily a question of fact for a jury whether an owner or occupier of premises has exercised the proper care and diligence in keeping the premises safe for those invited thereon’ is equally applicable to the duty of a carrier to exercise proper care in providing a safe place to board and leave a public conveyance, but the degree of care to be exercised is greater in the latter case.” Columbus Transp. Co. v. Curry, 104 Ga. App. 700, 706 (4) (122 SE2d 584). And where the “verdict is supported by some evidence ... it will not be disturbed by this court.” Id. We find that the posture of the evidence in this case did not demand a verdict in favor of appellant, and that the trial court did not err in denying appellant’s motion for directed verdict and in submitting the issue of appellee/defendant’s liability to the jury. Compare Brooks v. Washington &c. Auth., 861 F2d 1282 (USCA 11th Cir.); Owens v. Washington &c. Auth., CA No. 87-3392 (USDC D.C., March 6, 1990); Sledd v. Washington &c. Auth., 439 A2d 464 (DCCA). Appellant’s first and second enumerations of error are without merit.

2. Appellant’s third enumeration of error is without merit. Appellant’s requested charge number 16, as crafted, was overly broad and confusing. “If any portion of the request is inapt, incorrect, or not authorized by the evidence, denial of the request is proper.” Llop v. McDaniel, Chorey &c., 171 Ga. App. 400, 403 (4) (320 SE2d 244). Moreover, the trial court charged the jury that “[o]nce it is shown that a passenger was injured in the process of boarding the train, a presumption arises that MARTA was negligent, and the plaintiff is entitled to recover all of the damages which were proximately caused by such negligence. This presumption may be rebutted by showing that MARTA was at all times in the exercise of extraordinary care or by proving any other defense of the defendant.” See generally Piller v. Hanger Cab Co., 115 Ga. App. 260, 263 (2) (154 SE2d 420); Eason [*699] v. Crews, 88 Ga. App. 602, 613 (1) (77 SE2d 245). “ ‘A requested charge is properly refused when “the principle involved (is) substantially covered in the court’s general charge. . . .” ’ ” Milam v. Attaway, 195 Ga. App. 496, 499 (3) (393 SE2d 753).

3. Appellant’s fourth enumeration of error is without merit. The trial court instructed the jury regarding the duty of a carrier of passengers to “exercise extraordinary diligence to protect the lives and persons of [the carrier’s] passengers” (OCGA § 46-9-132), and precisely defined extraordinary diligence as follows: “the extraordinary diligence due by a carrier of passengers to those passengers is that extreme care and caution which very prudent and thoughtful persons exercise under like circumstances.” This instruction substantially covered the legal principles contained in requested charge number 11. Milam, supra.

4. Appellant’s contention that the trial court erred in refusing to give its requested charge number 12 is without merit. The first paragraph of appellant’s requested charge number 12 is both confusing and misleading, particularly as it states “[t]he law does not fix an exact or a precise definition of . . . extraordinary diligence” when the charge given the jury contained a precise definition of extraordinary diligence as above discussed. “ ‘ “ ‘A request to charge itself must be correct, legal, apt, even perfect, and precisely adjusted to some principle involved in the case. If any portion of the request is inapt or incorrect, denial of the request is proper.’ (Cits.)” (Cits.)’ [Cit.]” (Emphasis supplied.) Annis v. Tomberlin &c. Assoc., 195 Ga. App. 27, 34 (7) (392 SE2d 717); accord Llop, supra.

5. The first paragraph of appellant’s request to charge number 13 was substantially covered by the trial court’s charge to the jury regarding MARTA’s duty to exercise “extraordinary diligence,” by its definition of the term “extraordinary diligence,” and by its charge as to the arising of a rebuttable presumption of negligence when it is shown a passenger was injured in the process of boarding the train. Regarding the second paragraph of the requested charge, that portion thereof relating to circumstances where “MARTA has not allowed a passenger a sufficiently reasonable time and opportunity to enter the train without danger” neither was reasonably raised by the evidence nor tailored thereto. Appellant in effect testified she had entered the train without incident, but then for some reason unknown to her, suddenly found her leg lodged within the gap. Only speculation unsupported by fact appears in the record regarding what caused appellant’s leg to become so lodged, as appellant admitted repeatedly during her trial testimony that she did not know how the incident occurred. As a portion of the charge was inapt, the trial court did not err in declining to give the requested charge to the jury. Annis, supra; Llop, supra.

[*700] 6. The trial court did not err in declining to give appellant’s request to charge number 20. The trial court charged the jury that negligent or wrongful acts may be established either by direct or circumstantial evidence. The court further charged that “[i]n order for a party to be liable for negligence, it is not necessary that the party should have been able to anticipate the particular consequences which have resulted. It is sufficient if in ordinary prudence that party might have foreseen that some injury would result from the party’s act or omission or that consequences of a generally injurious nature might result.” This latter charge is virtually identical to appellant’s request to charge number 8. Appellant’s request number 20 appears to be but a particularized application of the broad principles of foreseeability and proof of an ultimate issue by circumstantial evidence. Cf. Renner v. State, 260 Ga. 515, 518 (3b) (397 SE2d 683) (flight charge as a particularization of a general charge on circumstantial evidence). Assuming arguendo error occurred in failing to give appellant’s charge request number 20, it was harmless, as the jury was charged regarding the basic legal principles underlying this particularized charge request.

7. While it would not constitute error to refuse to charge the jury regarding accident (Benson v. Hunter, 184 Ga. App. 40 (360 SE2d 612)), neither under the facts of this case was it error to so charge the jury (see Smoky, Inc. v. McCray, 196 Ga. App. 650 (5) (396 SE2d 794)). “ ‘The defense of accident in this state is to be confined to its strict sense as an occurrence which takes place in the absence of negligence and for which no one would be liable.’ Pitts v. Bode, 198 Ga. App. 787, 789 (3) (403 SE2d 66). In this case, appellant’s own admissions in court establish that she does not know exactly what caused her to fall into the gap. A finding of negligence on the part of appellee, assuming arguendo it was authorized by the evidence, certainly was not demanded. (See Division 1 above.) Accordingly, the trial court did not err in giving a charge on the defense of legal accident. Whitehead v. Coffey, 198 Ga. App. 587 (402 SE2d 311).

8. As a general rule, the admission of evidence is a matter which rests largely within the sound discretion of the trial court (West v. Nodvin, 196 Ga. App. 825, 826 (2b) (397 SE2d 567)). “ ‘Evidence of doubtful relevancy or competency should be admitted and its weight left to the jurors. Where evidence is offered and objected to, if it is competent for any purpose, it is not erroneous to admit it.’ ” West, supra at 828 (3b). The trial court did not abuse its discretion by admitting the testimony of appellee’s engineering expert regarding the practice he observed of several other transit systems not posting warning signs regarding platform gaps. Additionally, appellant has failed to provide any citation of legal authority to support this particular enumeration of error. “The persuasiveness of appellant’s asser[*701] tion of error, unsupported by any citation of legal authority, is far from apparent on its face, as it is a general rule under Georgia law, that [if evidence is admissible under any legitimate theory, it should be admitted even though it does not qualify for admission under one or more other evidentiary theories (see Orr v. Dawson Tel. Co., 35 Ga. App. 560 (2) (133 SE 924)); and, evidence of doubtful relevancy or competency should be admitted (West, supra)]. This court indulges in the presumption that the trial court’s decision is correct, and decisions will not be reversed on argument of error not supported by authority, if authority is available, unless error is apparent without further research. In the case before us, the error is not apparent without further research, accordingly, we presume the trial court has not erred.” (Citations, punctuation and emphasis omitted.) Hertz Corp. v. McCray, 198 Ga. App. 484, 487 (4) (402 SE2d 298).

Decided July 11, 1991 Reconsideration denied July 29, 1991 Glenville Haldi, for appellant. Anthony M. Thomasson, Daniel P. Johnson, for appellee.

Judgment affirmed.

Pope and Cooper, JJ., concur.