ACTION SOUND, INC. v. DEPARTMENT OF TRANSP.

No. A03A2386.

594 S.E.2d 773 (2004)

265 Ga. App. 616

ACTION SOUND, INC. v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

February 13, 2004.


Attorney(s) appearing for the Case

James P. Fields, Brunswick, for Appellant.

Thurbert E. Baker, Attorney General, Atlanta, Smith and Jenkins, Wilson R. Smith, Vidalia, for Appellee.


MIKELL, Judge.

In this appeal, Action Sound, Inc., contends that the trial court erred by granting the Department of Transportation's motion for new trial and in its jury instruction on damages. We agree with the latter contention. After carefully considering the instruction as a whole, we find that the charge at issue constituted reversible error; we reverse on that ground.

As part of a state highway project, in...

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