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Atlanta Criminal Defense Lawyers > Blog > Personal Injury > Georgia Appeals Court Upholds $1 Million Verdict Against Walmart

Georgia Appeals Court Upholds $1 Million Verdict Against Walmart

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In a personal injury case, Georgia law authorizes a jury to award both special and general damages. Special damages are more commonly known as economic damages and refer to those financial losses the plaintiff can prove as a result of the defendant’s actions. For example, if you are in a car accident and need to go to the hospital, your emergency room and other medical bills are part of your special damages.

General damages, in contrast, are losses where the amount cannot be objectively proven. Juries often award general damages to cover losses such as an accident victim’s pain and suffering. But a jury can also award what are known as nominal damages, which are meant to acknowledge a legal wrong even where it is not clear from the evidence that the victim of that wrong suffered a direct loss.

Nominal Damages Were Not Excessive

Nominal damages are often a token amount such as one dollar. Georgia courts have established, however, that an award of nominal damages is “purely relative” and will depend on the specific circumstances of a given case. So it is possible for a jury to award substantial nominal damages even when no other damages are allowed.

Indeed, the Georgia Court of Appeals recently upheld a $1 million award of nominal damages in a personal injury lawsuit brought against Walmart. The case, Walmart Stores East, LP v. Leverette, involved a 72-year-old woman (the plaintiff) who was hit by a Walmart employee as he was walking backwards to guide a 2,000-pound pallet down the aisle.

The plaintiff sought both special and general damages. The crux of her case was that she sustained a concussion and post-concussion syndrome as a result of being knocked down. Walmart did not dispute liability, but insisted the plaintiff’s medical problems were the result of her preexisting conditions and not what happened at the store.

During closing arguments, Walmart’s attorney encouraged the jury to award nominal damages of $10 or $500 at most. In fact, the trial judge allowed the jury to consider nominal damages over the plaintiff’s objection. The judge instructed the jury that if the plaintiff’s injury was “small” or the “mitigating circumstances are strong,” it could award nominal damages as it saw fit.

Walmart’s strategy backfired. The jury returned an award of $1 million in nominal damages. Walmart asked the trial judge to reduce the amount, arguing it was “excessive” and “unprecedented.” The judge declined.

The Court of Appeals likewise refused to disturb the jury’s verdict. The appellate court noted the jury was free to conclude the plaintiff “proved some actual loss” but that economic damages could not be proven to a reasonable extent, thus justifying a substantial award of nominal damages. The Court further pointed out that the plaintiff had asked for more than $5 million in damages, so an award of $1 million was not inherently excessive or unjustified.

Contact Hawkins Spizman Trial Lawyers Today

If you have been injured due to the intentional or reckless actions of another person or a company, you have the right under Georgia law to seek appropriate compensation. Our Atlanta personal injury lawyers can help. Contact Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=7f690487-1379-4cfd-a92b-cc3bd5e95c36

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