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Doherty v. Brown et al.

Jury instruction on ordinary negligence is improper if evidence does not support an ordinary negligence claim.

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Barnes, Presiding Judge.In Doherty v. Brown, 339 Ga. App. 567 (794 SE2d 217) (2016) this Court affirmed the jury’s verdict in favor of the plaintiffs. However, in Southeastern Pain Specialists, P. C. v. Brown, 303 Ga. 265 (811 SE2d 360) (2018), the Supreme Court of Georgia reversed this Court’s opinion upon finding that because the evidence did not support the claim, the trial court had erred in giving an instruction on ordinary negligence. Id. at 272-273 (2) (b). The Court instructed that this Court “on remand order a full retrial as to the appellants.” Id. at 266.[1]Thus, we vacate our opinion in these cases and adopt the opinion of our Supreme Court as our own. In accordance with the directive of the Supreme Court, the jury’s verdict must be reversed and the case remanded for a new trial.Judgment reversed. Rickman and Goss, JJ., concur.

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