Terry v. State, 301 S.E.2d 291 (Ga. Ct. App. 1983). · Go Syfert
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Terry v. State, 301 S.E.2d 291 (Ga. Ct. App. 1983). Cases Citing This Book View Copy Cite
21 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: Trotter v. Summerour (gactapp, 2005-05-12)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (rule) Trotter v. Summerour
Ga. Ct. App. · 2005 · confidence medium
“Mere negligence, although gross, will not alone authorize the recovery of punitive damages.” (Citation and punctuation omitted.) Alliance Transp. v. Mayer, 165 Ga. App. 344, 345 ( 301 SE2d 290 ) (1983).
cited Cited as authority (rule) STOLLE CORPORATION v. McMahon
Ga. Ct. App. · 1990 · confidence medium
Absent wilful misconduct, malice, fraud, wantonness or oppression, there can be no recovery of punitive damages.’ [Cit.]” Alliance Transp. v. Mayer, 165 Ga. App. 344, 345 ( 301 SE2d 290 ) (1983).
discussed Cited as authority (rule) Currie v. Haney
Ga. Ct. App. · 1987 · confidence medium
OCGA § 51-12-5 permits a jury to award punitive damages where “there are aggravating circumstances, in either the act or the intention. . . .” “[S]uch damages ‘cannot be imposed in any case unless there is wilful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of a conscious indifference to consequences. [Cit.]’ [Cit.]” Rossville Apts. v. Britton, 178 Ga. App. 194 (1) ( 342 SE2d 504 ) (1986). “ ‘Mere negligence, although gross, will not alone authorize the recovery of punitive damages.’ [Cits.]” Alliance Tran…
discussed Cited as authority (rule) Harrison v. S & B TRUCKING, INC.
Ga. Ct. App. · 1986 · confidence medium
Absent wilful misconduct, malice, fraud, wantonness or oppression, there can be no recovery of punitive damages.’ Moon v. Ga. Power Co., 127 Ga. App. 524, 527 ( 194 SE2d 348 ) (1972).” Alliance Transp. v. Mayer, 165 Ga. App. 344, 345 ( 301 SE2d 290 ).
cited Cited as authority (rule) Getz Services, Inc. v. Perloe
Ga. Ct. App. · 1985 · confidence medium
However the controlling question ... is whether there was any evidence to support [such an award].’ ” Alliance Transp. v. Mayer, 165 Ga. App. 344, 345 ( 301 SE2d 290 ) (1983).
cited Cited "see" Powell v. Ferreira
Ga. Ct. App. · 1991 · signal: see · confidence high
See Alliance Transp. v. Mayer, 165 Ga. App. 344, 345 ( 301 SE2d 290 ) (1983) (mere negligence alone, although gross, will not authorize the recovery of punitive damages).
discussed Cited "see" Associated Health Systems, Inc. v. Jones
Ga. Ct. App. · 1988 · signal: accord · confidence high
Co. v. City of Atlanta, 176 Ga. App. 873, 875 ( 339 SE2d 266 ); accord Gilman Paper Co. v. James, 235 Ga. 348, 351 ( 219 SE2d 447 ). “ ‘Mere negligence, although gross, will not alone authorize the recovery of punitive damages.’ ” Alliance Transp. v. Mayer, 165 Ga. App. 344, 345 ( 301 SE2d 290 ); BLI Constr.
cited Cited "see" Newsome v. Cooper-Wiss, Inc.
Ga. Ct. App. · 1986 · signal: see · confidence high
See Alliance Transp. v. Mayer, 165 Ga. App. 344 ( 301 SE2d 290 ) (1983).
cited Cited "see, e.g." prod.liab.rep.(cch)p 11,623 Julian P. Wammock v. Celotex Corporation, National Gypsum Company
11th Cir. · 1988 · signal: see also · confidence low
See also Alliance Transp., Inc. v. Mayer, 165 Ga.App. 344 , 301 S.E.2d 290 (1983).
cited Cited "see, e.g." Julian P. Wammock v. Celotex Corporation, National Gypsum Company
11th Cir. · 1987 · signal: see also · confidence low
See also Alliance Transp., Inc. v. Mayer, 165 Ga.App. 344 , 301 S.E.2d 290 (1983).
Terry
v.
the State
65375.
Court of Appeals of Georgia.
Feb 4, 1983.
301 S.E.2d 291
J. Russell Mayer, for appellant., Lewis R. Slaton, District Attorney, Joseph J. Drolet, Margaret V. Lines, Jerry Baxter, Assistant District Attorneys, for appellee.
Quillian, Sognier, Pope.
Cited by 4 opinions  |  Published
Quillian, Presiding Judge.

Defendant appeals his conviction for armed robbery. Held:

1. The general grounds are asserted. Our review of the evidence shows that it is amply sufficient to authorize a rational jury to find defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

2. When the victim was testifying he said that he had talked with another person about defendant’s identity and “she told me that she knew that he had a record at one time ...” Further answer was stopped by objection at that point, a motion for mistrial made and denied, and the jury instructed to disregard the answer. Denial of the mistrial is enumerated as error.

Pretermitting whether the statement was sufficient to place defendant’s character in issue, the subsequent admission of a prior conviction of defendant for armed robbery to impeach his testimony rendered any possible error harmless. “The admission of improper evidence is harmless when the fact sought to be shown is otherwise fully and properly established. [Cits.]” Barrett v. State, 146 Ga. App. 207 (1) (245 SE2d 890).

3. The enumeration alleging that the trial court erred in denying a motion to suppress evidence is moot as the evidence sought to be suppressed was never admitted in evidence.

Judgment affirmed.

Sognier and Pope, JJ., concur.