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5 Georgia opinions name it 2 courts 2010–2026 4 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Atlanta Oculoplastic Surgery, P.C. v. Nestlehuttgreen2 sentences2026We reaffirm the framework set out in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010), and the holding of that case: the Georgia Constitution’s right to trial by jury does not permit the application of OCGA § 51-13-1(b)’s damages cap to damages for pain and suffering and loss of consortium in medical malpractice actions. 2024Specifically, at the outset of the opinion, the Supreme Court noted that, “[b]ased on our review of the record and the applicable law, we find that the noneconomic damages caps in OCGA § 51-13-1 violate the constitutional right to trial by jury . . . .” Nestlehutt, 286 Ga. at 731 . | 2 | 4 |
Mayo v. Stategreen1 sentence2026See also Mayo v. State, 319 Ga. 34, 41 (2024) (noting “the presumption that qualified jurors, in the absence of clear evidence to the contrary, followed the instructions of the trial court” (quotation marks omitted)). | 1 | 1 |
TAYLOR, EXR. v. THE DEVEREUX FOUNDATION, INC. (And Vice Versa)green2 sentences2024VI (“The decisions of the Supreme Court shall bind all other courts as precedents.”). 9 Nestlehutt, 286 Ga. at 735 (2) (a); see Taylor v. Devereux Found., Inc., 316 Ga. 44, 59 (B) (III) ( 885 SE2d 671 ) (2023) (“[T]he claim that was restricted by the statute—a claim for non-economic damages in a tort case involving medical negligence—was within the scope of the constitutional right to trial by jury in Nevertheless, the appellants maintain the $350,000 cap for noneconomic damages in OCGA § 51-13-1 survives in some form and applies here because Nestlehutt involved only a medical-malpractice clai 2024VI (“The decisions of the Supreme Court shall bind all other courts as precedents.”). 9 Nestlehutt, 286 Ga. at 735 (2) (a); see Taylor v. Devereux Found., Inc., 316 Ga. 44, 59 (B) (III) ( 885 SE2d 671 ) (2023) (“[T]he claim that was restricted by the statute—a claim for non-economic damages in a tort case involving medical negligence—was within the scope of the constitutional right to trial by jury in Nevertheless, the appellants maintain the $350,000 cap for noneconomic damages in OCGA § 51-13-1 survives in some form and applies here because Nestlehutt involved only a medical-malpractice clai | 1 | 1 |
Allan v. Allangreen2 sentences2010As to the first factor, while our invalidation of the noneconomic damages caps of OCGA § 51-13-1 certainly constitutes a decision on an issue of first impression, given that the caps have been in effect for only five years, see Ga. L. 2005, p. 18, § 15, as well as the considerable litigation over similar caps’ constitutionality in other states, see, e.g., cases cited in Division 2, supra, it can hardly be argued that the caps’ validity was assured. 9 Compare Allan v. Allan, 236 Ga. 199, 207-208 ( 223 SE2d 445 ) (1976) (no retroactive application where invalidated statute dealt with “time-honor 2010As to the first factor, while our invalidation of the noneconomic damages caps of OCGA § 51-13-1 certainly constitutes a decision on an issue of first impression, given that the caps have been in effect for only five years, see Ga. L. 2005, p. 18, § 15, as well as the considerable litigation over similar caps’ constitutionality in other states, see, e.g., cases cited in Division 2, supra, it can hardly be argued that the caps’ validity was assured. 9 Compare Allan v. Allan, 236 Ga. 199, 207-208 ( 223 SE2d 445 ) (1976) (no retroactive application where invalidated statute dealt with “time-honor | 1 | 1 |
City of Atlanta v. Barnesyellow2 sentences2010"The general rule is that an unconstitutional statute is wholly void and of no force and effect from the date it was enacted." (Citations omitted.) City of Atlanta v. Barnes, 276 Ga. 449, 452 (4), 578 S.E.2d 110 (2003). 2010"The general rule is that an unconstitutional statute is wholly void and of no force and effect from the date it was enacted." (Citations omitted.) City of Atlanta v. Barnes, 276 Ga. 449, 452 (4), 578 S.E.2d 110 (2003). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rowland v. State
green
1 sentence2026On appeal, “[i]n deciding whether a 19 The judgment was amended to apply OCGA § 51-13-1(b)’s limit on noneconomic damages to the wrongful death damages, but the amended judgment also apportioned damages according to the jury’s fault allocation and distinguished between the estate’s recovery for pain and suffering and Charles’s recovery for wrongful death. 20 We assume without deciding that this statute applies, as the doctors argue. 55 verdict form accurately presented the law and properly guided the jury, we review the form’s language in conjunction with the rest of the trial court’s jury ins | 1 | 2026–2026 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.