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How Failure to Object Factored Into Ga. Appellate Decision to Uphold $10.1M Verdict

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How Failure to Object Factored Into Ga. Appellate Decision to Uphold $10.1M Verdict | Daily Report
















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(L-R) Jay Sadd of Slappey Sadd and Chad Nuce, partner with Pasley, Nuce, Mallory & Davis. (Courtesy photos)

The defense asked the court to declare a mistrial because the plaintiff’s counsel told the jury “to award a nuclear verdict.” The Court of Appeals disagreed.

January 16, 2024 at 07:08 PM

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What You Need to Know

  • Defendants in a Cobb County med mal appealed a $10.1M verdict, arguing the jury was told to give a ‘nuclear’ award.
  • Plaintiff counsel disagreed, contending their argument and the award were reasonable given what their client went through.
  • The appellate court agreed, upholding the trial court’s decisions.

The Georgia Court of Appeals recently upheld a $10.1 million Cobb County medical-malpractice verdict won by Jay Sadd and Daniel Epstein of Slappey & Sadd.

Defense counsel David Hanson and Zach Fuller asked the court to declare a mistrial because the plaintiff’s counsel told the jury “to award a nuclear verdict” and that the trial court made a mistake in upholding an excessive award. They contended that the plaintiff’s closing argument asking the jury to make the defendants “take responsibility for their actions” was punitive and that “[Plaintiff’s] counsel repeatedly and improperly implored the jury to “send a message,” according to their oral argument brief.

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