Gordon v. Carter, 190 S.E.2d 570 (Ga. Ct. App. 1972). · Go Syfert
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Gordon v. Carter, 190 S.E.2d 570 (Ga. Ct. App. 1972). Cases Citing This Book View Copy Cite
42 citation events across 1 distinct court.
Strongest positive: Rubio v. Davis (gactapp, 1998-03-20)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) Rubio v. Davis (2×)
Ga. Ct. App. · 1998 · confidence medium
These alternative theories of liability are relevant because the evidence regarding Jacob Rubio’s status as a trespasser, licensee or invitee is hotly disputed. “ ‘A motion for a judgment notwithstanding a mistrial is analo gous to a motion for a directed verdict or motion for judgment notwithstanding the verdict in that the same can be sustained only where “(t)here 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.” (OCGA § 9-11-50 (a)).’ Gordon v. Carter, 126 Ga. App. 34…
discussed Cited as authority (rule) Goggin v. Goldman
Ga. Ct. App. · 1993 · confidence medium
Held: “A motion for a judgment notwithstanding a mistrial is analogous to a motion for a directed verdict or motion for judgment notwithstanding the verdict in that the same can be sustained only where ‘(t)here 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.’ [OCGA § 9-11-50 (a)].” Gordon v. Carter, 126 Ga. App. 343, 344 (1) ( 190 SE2d 570 ).
discussed Cited as authority (rule) Fortner v. W. C. Cayne & Co.
Ga. Ct. App. · 1987 · confidence medium
“A motion for a judgment notwithstanding a mistrial is analogous to a motion for a directed verdict or motion for judgment notwithstanding the verdict in that the same can be sustained only where ‘(t)here 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.’ [Cit.]” Gordon v. Carter, 126 Ga. App. 343, 344 ( 190 SE2d 570 ) (1972).
cited Cited as authority (rule) Alexie, Inc. v. Old South Bottle Shop Corp.
Ga. Ct. App. · 1986 · confidence medium
Gordon v. Carter, 126 Ga. App. 343, 344 (1) ( 190 SE2d 570 ) (1972).
discussed Cited as authority (rule) Findley v. McDaniel
Ga. Ct. App. · 1981 · confidence medium
(Cit.) ‘No principle is more firmly established in American *447 jurisprudence than that the court cannot direct a verdict where there is any reasonable inference supported by evidence which would authorize a verdict to the contrary.’ ” Gordon v. Carter, 126 Ga. App. 343, 344 ( 190 SE2d 570 ).
discussed Cited as authority (rule) McKeighan v. Long
Ga. Ct. App. · 1980 · confidence medium
I taken my foot off the brake ... and then when I taken my foot off the brake and then’s when she came out . . .” "Questions of negligence . . . are for the jury to determine except in plain, palpable, and undisputed cases . . .” Gordon v. Carter, 126 Ga. App. 343, 345 ( 190 SE2d 570 ) (1972).
discussed Cited as authority (rule) Georgia Power Co. v. Purser
Ga. Ct. App. · 1979 · confidence medium
Held: "A motion for judgment notwithstanding a mistrial is analogous to a motion for a directed verdict or motion for judgment notwithstanding the verdict in that the same can be sustained only where '[tjhere 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.’ ” Gordon v. Carter, 126 Ga. App. 343, 344 ( 190 SE2d 570 ) (1972).
cited Cited as authority (rule) Jenkins v. Lampkin
Ga. Ct. App. · 1978 · confidence medium
See such cases as Kesler v. Kesler, 219 Ga. 592 (1) ( 134 SE2d 811 ); Norris v. Coffee, 206 Ga. 759 (4) ( 58 SE2d 812 ); Gordon v. Carter, 126 Ga. App. 343, 345 ( 190 SE2d 570 ) and cits.
discussed Cited as authority (rule) Joyner v. William J. Butler, Inc. (2×) also: Cited "see"
Ga. Ct. App. · 1977 · confidence medium
Gordon *220 v. Carter, 126 Ga. App. 343, 344 (1) ( 190 SE2d 570 ). 2.
discussed Cited as authority (rule) Ford Motor Co. v. Lee
Ga. Ct. App. · 1976 · confidence medium
Co. v. Snyder, 125 Ga. App. 352 ( 187 SE2d 878 ); Isom v. Schettino, 129 Ga. App. 73, 74 (1) ( 199 SE2d 89 ); Gordon v. Carter, 126 Ga. App. 343, 344 (1) ( 190 SE2d 570 ); Kesler v. Kesler, 219 Ga. 592 (1) ( 134 SE2d 811 ). 8.
discussed Cited as authority (rule) Scott v. Blackmon
Ga. Ct. App. · 1974 · confidence medium
A motion for a judgment notwithstanding a verdict can be sustained only 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.” Code Ann. § 81A-150 (a) (Ga. L. 1966, pp. 609, 656, as amended); Gordon v. Carter, 126 Ga. App. 343, 344 ( 190 SE2d 570 ).
discussed Cited as authority (rule) Braswell v. Owen of Georgia, Inc.
Ga. Ct. App. · 1973 · confidence medium
Enumerated error 15 is the general grounds of the *533 motion for a new trial. “ [Questions of negligence and proximate cause are for the jury to determine except in plain, palpable, and undisputed cases. [Cits.]” Gordon v. Carter, 126 Ga. App. 343, 345 ( 190 SE2d 570 ); Anderson v. Wilson, 114 Ga. App. 19, 21 ( 150 SE2d 172 ) and cit.
discussed Cited as authority (rule) SAVANNAH ICE DELIVERY COMPANY v. Ayers
Ga. Ct. App. · 1972 · confidence medium
"It is well-settled law that questions of negligence, diligence, contributory negligence, proximate cause, and the exercise of ordinary care for one’s protection ordinarily are to be decided by a jury, and a court should not decide them . . . except in plain and indisputable cases.” Anderson v. Wilson, 114 Ga. App. 19, 21 ( 150 SE2d 172 ) and cit.; Gordon v. Carter, 126 Ga. App. 343, 345 ( 190 SE2d 570 ) and cit.
GORDON
v.
CARTER Et Al.
47130.
Court of Appeals of Georgia.
May 23, 1972.
190 S.E.2d 570
Richard D. Phillips, for appellant., Jones, Kemp & Osteen, Charles M. Jones, John W. Underwood, for appellees.
Stolz, Bell, Evans.
Cited by 20 opinions  |  Published
Stolz, Judge.

1. A motion for a judgment notwithstanding a mistrial is analagous to a motion for a directed verdict or motion for judgment notwithstanding the verdict in that the same can be sustained only where "[t]here is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions there[*345] from shall demand a particular verdict.” Code Ann. § 81A-150 (a) (Ga. L. 1966, pp. 609, 656, as amended).

The uncontradicted evidence showed that the plaintiff was a fare-paying passenger in the defendant Gordon’s vehicle. As such, Gordon was required to exercise ordinary care for the plaintiff’s safety. Fountain v. Tidwell, 92 Ga. App. 199, 206 (88 SE2d 486); Reid v. Strickland, 115 Ga. App. 394 (2b) (154 SE2d 778); Wright v. Dilbeck, 122 Ga. App. 214, 225 (176 SE2d 715).

It is equally well settled that questions of negligence and proximate cause are for the jury to determine except in plain, palpable, and undisputed cases. Wakefield v. A. R. Winter Co., 121 Ga. App. 259 (174 SE2d 178); Bailey v. Wilson, 100 Ga. App. 405 (111 SE2d 106); Sheppard v. Martin, 100 Ga. App. 164 (110 SE2d 429); and Charles v. Raine, 99 Ga. App. 1 (107 SE2d 566).

As was stated in Kesler v. Kesler, 219 Ga. 592 (1) (134 SE2d 811): '"It is error to direct a verdict, except where there is no conflict in the evidence introduced as to the material facts, and the evidence introduced together with all reasonable deductions or inferences therefrom demands a particular verdict.’ [Cit.] A judge cannot direct a verdict because he thinks the strength or weight of the evidence is on one side, or because he might grant a new trial if a verdict should be returned which he thinks is contrary to a preponderance of the evidence. [Cit.] 'No principle is more firmly established in American jurisprudence than that the court cannot direct a verdict where there is any reasonable inference supported by evidence which would authorize a verdict to the contrary.’”

The trial court erred in sustaining the defendant Gordon’s motion for judgment notwithstanding the mistrial.

2. Since the trial court improperly dismissed the case against the Long County resident defendant, it retains its jurisdiction over the Liberty County resident defendants, David L. Carter and Mrs. D. L. Carter, and erred in sustaining their motion to dismiss for lack of jurisdiction.

Judgment reversed.

Bell, C. J., and Evans, J., concur.