jury to consider claim in Georgia

9 Georgia opinions name it 2 courts 1926–2023 2 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.

Followed or applied (10)

Case	Followed	Cited
Tyler v. Lincolngreen ga · 2000 · cited in 4 Georgia opinions naming this issue, 2012–2023 2 sentences 2023But “there are material questions of fact regarding [some of Jordan’s tort] allegations . . ., and evidence of acts by [Kimpton] which could allow a jury to consider a claim for punitive damages.” Tyler v. Lincoln, 272 Ga. 118, 121 (1) ( 527 SE2d 180 ) (2000). 2023But “there are material questions of fact regarding [some of Jordan’s tort] allegations . . ., and evidence of acts by [Kimpton] which could allow a jury to consider a claim for punitive damages.” Tyler v. Lincoln, 272 Ga. 118, 121 (1) ( 527 SE2d 180 ) (2000).	4	4
LN West Paces Ferry Associates, LLC v. McDonaldgreen gactapp · 2010 · cited in 2 Georgia opinions naming this issue, 2012–2012 2 sentences 2012See Tyler, supra, 272 Ga. at 120-121 (1) (ruling that material questions of fact existed that would allow a jury to consider a claim for punitive damages where the developers knew of the unauthorized trespass and nuisance, but took no action to ameliorate it); LN West Paces Ferry Assocs., supra, 306 Ga. App. at 645 (1) (a) (ruling that the jury was entitled to award punitive damages based upon evidence that the defendant was informed that his entry onto the plaintiff neighbor’s property would constitute an unlawful trespass, but defendant told his contractor to “do it anyway”) (punctuation omi 2012See Tyler, supra, 272 Ga. at 121-122 (1) (ruling that material questions of fact existed that would allow a jury to consider a claim for punitive damages where the developers knew of the unauthorized trespass and nuisance, but took no action to ameliorate it); LN West Paces Ferry Assocs., supra, 306 Ga. App. at 645 (1) (a) (ruling that the jury was entitled to award punitive damages based upon evidence that the defendant was informed that his entry onto the plaintiff neighbor’s property would constitute an unlawful trespass, but defendant told his contractor to “do it anyway”) (punctuation omi	2	2
Patterson v. Stategreen gactapp · 2014 · cited in 1 Georgia opinions naming this issue, 2021–2021 2 sentences 2021In a 2013 amendment to OCGA § 6 Duvall v. State, 289 Ga. 540 ( 712 SE2d 850 ) (2011) (“Duvall II”). 7 Id. at 541-542 ; see also Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761 ) (2010) (“Duvall I”) (regarding the defendant’s testimony), reversed by Duvall II. 8 Duvall II, 289 Ga. at 541 . 9 See Patterson v. State, 328 Ga. App. 111, 119-121 (4) ( 761 SE2d 524 ) (2014) (reversing conviction for possession of hydrocodone); see also Lewis v. State, 350 Ga. App. 143, 151 (3) (a) ( 828 SE2d 386 ) (2019) (reversing firearm conviction). 6 16-13-31, the General Assembly deleted multiple instances of “ 2021In a 2013 amendment to OCGA § 6 Duvall v. State, 289 Ga. 540 ( 712 SE2d 850 ) (2011) (“Duvall II”). 7 Id. at 541-542 ; see also Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761 ) (2010) (“Duvall I”) (regarding the defendant’s testimony), reversed by Duvall II. 8 Duvall II, 289 Ga. at 541 . 9 See Patterson v. State, 328 Ga. App. 111, 119-121 (4) ( 761 SE2d 524 ) (2014) (reversing conviction for possession of hydrocodone); see also Lewis v. State, 350 Ga. App. 143, 151 (3) (a) ( 828 SE2d 386 ) (2019) (reversing firearm conviction). 6 16-13-31, the General Assembly deleted multiple instances of “	1	1
Duvall v. Stategreen gactapp · 2010 · cited in 1 Georgia opinions naming this issue, 2021–2021 2 sentences 2021In a 2013 amendment to OCGA § 6 Duvall v. State, 289 Ga. 540 ( 712 SE2d 850 ) (2011) (“Duvall II”). 7 Id. at 541-542 ; see also Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761 ) (2010) (“Duvall I”) (regarding the defendant’s testimony), reversed by Duvall II. 8 Duvall II, 289 Ga. at 541 . 9 See Patterson v. State, 328 Ga. App. 111, 119-121 (4) ( 761 SE2d 524 ) (2014) (reversing conviction for possession of hydrocodone); see also Lewis v. State, 350 Ga. App. 143, 151 (3) (a) ( 828 SE2d 386 ) (2019) (reversing firearm conviction). 6 16-13-31, the General Assembly deleted multiple instances of “ 2021In a 2013 amendment to OCGA § 6 Duvall v. State, 289 Ga. 540 ( 712 SE2d 850 ) (2011) (“Duvall II”). 7 Id. at 541-542 ; see also Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761 ) (2010) (“Duvall I”) (regarding the defendant’s testimony), reversed by Duvall II. 8 Duvall II, 289 Ga. at 541 . 9 See Patterson v. State, 328 Ga. App. 111, 119-121 (4) ( 761 SE2d 524 ) (2014) (reversing conviction for possession of hydrocodone); see also Lewis v. State, 350 Ga. App. 143, 151 (3) (a) ( 828 SE2d 386 ) (2019) (reversing firearm conviction). 6 16-13-31, the General Assembly deleted multiple instances of “	1	1
LEWIS v. the STATE.green gactapp · 2019 · cited in 1 Georgia opinions naming this issue, 2021–2021 2 sentences 2021In a 2013 amendment to OCGA § 6 Duvall v. State, 289 Ga. 540 ( 712 SE2d 850 ) (2011) (“Duvall II”). 7 Id. at 541-542 ; see also Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761 ) (2010) (“Duvall I”) (regarding the defendant’s testimony), reversed by Duvall II. 8 Duvall II, 289 Ga. at 541 . 9 See Patterson v. State, 328 Ga. App. 111, 119-121 (4) ( 761 SE2d 524 ) (2014) (reversing conviction for possession of hydrocodone); see also Lewis v. State, 350 Ga. App. 143, 151 (3) (a) ( 828 SE2d 386 ) (2019) (reversing firearm conviction). 6 16-13-31, the General Assembly deleted multiple instances of “ 2021In a 2013 amendment to OCGA § 6 Duvall v. State, 289 Ga. 540 ( 712 SE2d 850 ) (2011) (“Duvall II”). 7 Id. at 541-542 ; see also Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761 ) (2010) (“Duvall I”) (regarding the defendant’s testimony), reversed by Duvall II. 8 Duvall II, 289 Ga. at 541 . 9 See Patterson v. State, 328 Ga. App. 111, 119-121 (4) ( 761 SE2d 524 ) (2014) (reversing conviction for possession of hydrocodone); see also Lewis v. State, 350 Ga. App. 143, 151 (3) (a) ( 828 SE2d 386 ) (2019) (reversing firearm conviction). 6 16-13-31, the General Assembly deleted multiple instances of “	1	1
Duvall v. Stategreen ga · 2011 · cited in 1 Georgia opinions naming this issue, 2021–2021 2 sentences 2021In a 2013 amendment to OCGA § 6 Duvall v. State, 289 Ga. 540 ( 712 SE2d 850 ) (2011) (“Duvall II”). 7 Id. at 541-542 ; see also Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761 ) (2010) (“Duvall I”) (regarding the defendant’s testimony), reversed by Duvall II. 8 Duvall II, 289 Ga. at 541 . 9 See Patterson v. State, 328 Ga. App. 111, 119-121 (4) ( 761 SE2d 524 ) (2014) (reversing conviction for possession of hydrocodone); see also Lewis v. State, 350 Ga. App. 143, 151 (3) (a) ( 828 SE2d 386 ) (2019) (reversing firearm conviction). 6 16-13-31, the General Assembly deleted multiple instances of “ 2021In a 2013 amendment to OCGA § 6 Duvall v. State, 289 Ga. 540 ( 712 SE2d 850 ) (2011) (“Duvall II”). 7 Id. at 541-542 ; see also Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761 ) (2010) (“Duvall I”) (regarding the defendant’s testimony), reversed by Duvall II. 8 Duvall II, 289 Ga. at 541 . 9 See Patterson v. State, 328 Ga. App. 111, 119-121 (4) ( 761 SE2d 524 ) (2014) (reversing conviction for possession of hydrocodone); see also Lewis v. State, 350 Ga. App. 143, 151 (3) (a) ( 828 SE2d 386 ) (2019) (reversing firearm conviction). 6 16-13-31, the General Assembly deleted multiple instances of “	1	1
Camp Cherokee, Inc. v. Marina Lane, LLCgreen gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2017–2017 2 sentences 2017Accord Camp Cherokee v. Marina Lane, LLC , 316 Ga.App. 366 , 373-374 (4) (b), 729 S.E.2d 510 (2012) (reversing grant of summary judgment on punitive damages claim where evidence presented genuine issues of material fact as to plaintiff's trespass and nuisance claims); Weller , supra. 2. 2017Accord Camp Cherokee v. Marina Lane, LLC , 316 Ga.App. 366 , 373-374 (4) (b), 729 S.E.2d 510 (2012) (reversing grant of summary judgment on punitive damages claim where evidence presented genuine issues of material fact as to plaintiff's trespass and nuisance claims); Weller , supra. 2.	1	1
Weller v. Blakegreen gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2017–2017 1 sentence 2017Accord Camp Cherokee v. Marina Lane, LLC , 316 Ga.App. 366 , 373-374 (4) (b), 729 S.E.2d 510 (2012) (reversing grant of summary judgment on punitive damages claim where evidence presented genuine issues of material fact as to plaintiff's trespass and nuisance claims); Weller , supra. 2.	1	1
Georgia Power Company v. Johnsongreen gactapp · 1980 · cited in 1 Georgia opinions naming this issue, 1984–1984 2 sentences 1984See Ga. Power Co. v. Johnson, 155 Ga. App. 862, 863 (2) ( 274 SE2d 17 ); Thomas v. Ronald A. Edwards Constr. 1984See Ga. Power Co. v. Johnson, 155 Ga. App. 862, 863 (2) ( 274 SE2d 17 ); Thomas v. Ronald A. Edwards Constr.	1	1
Brown v. Stategreen gactapp · 1926 · cited in 1 Georgia opinions naming this issue, 1978–1978 2 sentences 1978See Brown v. State, 36 Ga. App. 83 (2) ( 135 SE 513 ) (1927); Baker v. Augusta Veneer Co., 46 Ga. App. 768 ( 169 SE 254 ) (1933). 1978See Brown v. State, 36 Ga. App. 83 (2) ( 135 SE 513 ) (1927); Baker v. Augusta Veneer Co., 46 Ga. App. 768 ( 169 SE 254 ) (1933).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (3)

Case	Cited	Years
Smith v. Overby green ga · 1860 2 sentences 1989Smith v. Overby, supra, has little application to the present case. 1989Smith v. Overby, supra, has little application to the present case.	1	1989–1989
Baker v. Augusta Veneer Co. green gactapp · 1933 2 sentences 1978See Brown v. State, 36 Ga. App. 83 (2) ( 135 SE 513 ) (1927); Baker v. Augusta Veneer Co., 46 Ga. App. 768 ( 169 SE 254 ) (1933). 1978See Brown v. State, 36 Ga. App. 83 (2) ( 135 SE 513 ) (1927); Baker v. Augusta Veneer Co., 46 Ga. App. 768 ( 169 SE 254 ) (1933).	1	1978–1978
Davis v. Whitcomb green gactapp · 1923 1 sentence 1926This court, in reviewing the case, therefore, held: “Where the evidence presented the issue of comparative negligence, and the judge instructed the jury the rule in reference thereto, but thereafter charged them in such a way as to deprive the defendant of the benefit of that rule, the latter charge was error.” In the present case there was no such limitation of the right of the jury to consider such rule in connection with the court’s charge on the measure of damages, and the particular question now before us seems to be controlled by Davis v. Whitcomb, supra. The charge did not tell the jury	1	1926–1926

Statutes the citing opinions construe

GA § 13-6-11 (3) GA § 51-12-5.1 (3)

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.

Where else courts name it

CA 21 (1989–2023) AL 17 (1983–2016) WA 10 (2002–2013) GA 9 (1926–2023) TN 7 (1998–2024) MD 5 (1962–2016) IL 5 (1974–2021) CO 5 (1990–2025) OH 4 (2005–2020) IN 4 (1979–1989) MA 4 (1976–2014) NY 4 (1980–2006) UT 3 (2013–2020) TX 3 (1983–2021) NC 3 (1963–1995) DC 2 (1987–2011) OR 2 (1988–1990) PA 2 (1993–1995) MO 2 (1993–1994) RI 2 (1999–2011) AK 2 (1981–2012) WV 2 (2017–2017) MI 2 (2006–2012) WI 2 (1980–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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