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Whitev.McGouirk

CourtCourt of Appeals of Georgia
Docket No.A23A1548
DecidedJanuary 11, 2024
Reporter370 Ga. App. 318; 897 S.E.2d 100; 2024 Ga. App. LEXIS 13; 2024 WL 122505
JudgesMcFadden, Presiding Judge, and Brown and Markle, Judges.
Tags
CivilMedical MalpracticeClosing Argument MisconductExcessive VerdictMotion for New TrialJury Verdict DeferenceSurgical Injury
Case Summary

After Dr. Tamica White transected Amy McGouirk’s bile duct during gallbladder-removal surgery, Amy endured repeated hospitalizations, more than a year with drainage and feeding tubes, later hernia surgery, and continuing pain and health risks. A jury awarded Amy $10 million and her husband $100,000 for loss of consortium. The defendants argued that the McGouirks’ closing remarks improperly urged the jury to send a message and that the $10.1 million verdict was excessive. The Court of Appeals affirmed, holding that the unobjected-to salary comparisons were not preserved, the “take responsibility” remarks did not ask jurors to punish the defendants, and the limited challenged comments did not permeate the trial or require a mistrial or new trial. The court also held that the award was not flagrantly excessive given Amy’s severe injury, more than $900,000 in medical expenses, lasting complications, lost work, pain, and effects on family life. The judgment was affirmed.

Opinion

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