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Super Discount Markets, Inc. v. Kubitz
Citations: 197 Ga. App. 224; 398 S.E.2d 252; 1990 Ga. App. LEXIS 1272Docket: A90A1177
Court: Court of Appeals of Georgia; October 10, 1990; Georgia; State Appellate Court
Appellee filed a lawsuit in DeKalb County for personal injuries from a slip and fall in appellant’s store, seeking unspecified damages. Appellant requested a twelve-person jury trial, as allowed under OCGA 15-12-122 (a. 2), but the court denied this request, ordering a six-person jury instead. Although appellee did not specify a damages amount, their attorney requested over $50,000 during closing arguments. The jury awarded appellee $35,000. Appellant's sole contention on appeal was the trial court's refusal to grant a twelve-person jury. According to OCGA 15-12-122 (a. 2), in civil actions where damages exceed $10,000, either party may demand a twelve-person jury before trial. The court's ruling indicated that appellee's attorney, by opting for a six-person jury, acknowledged that the claim was under $10,000. The court noted it was unfair for appellee to not specify damages yet argue for an amount exceeding $10,000 while opposing a twelve-person jury. Appellee argued that the burden of proving the claim's value rested on appellant, but the court disagreed, stating that requiring such proof would necessitate an evidentiary hearing. The court concluded it was appropriate for the trial court to grant a twelve-person jury request unless it was clearly shown that the claim was under $10,000. Since no evidence indicated that appellee’s claim was less than this amount, the court found that it erred in denying the twelve-person jury request, leading to the reversal of the judgment. Judges Banke and Birdsong concurred.