Maheia v. Weeks
Maheia v. Weeks
Opinion of the Court
This appeal is taken by plaintiffs from an order which partially granted defendant Weeks’ motion to strike certain portions of plaintiffs’ complaint.
2. In their complaint, plaintiffs allege that they sustained personal injuries and property damage when defendant caused the electricity and natural gas to their apartment to be terminated and claim approximately $1,000 in actual damages and $3,000 in exemplary damages for these acts. They also set out a claim against defendant for a further $25,000 in exemplary damages alleging that defendant committed similar actions against third parties and that he was aware that his conduct in those actions was a violation of the Atlanta Housing Code.
Code Ann. § 105-2002 provides: "In every tort there may be aggravating circumstances, either in the act or the intention, and in that event the jury may give additional damages, either to deter the wrongdoer from repeating the trespass or as compensation for the wounded feelings of the plaintiff.” The award of exemplary damages is an award in addition to such as may be primarily recovered in the pending tort action and is a matter of discretion for the jury. See Beverly v. Observer Pub. Co., 88 Ga. App. 490 (77 SE2d 80). However, in this jurisdiction, acts by a
3. Appellant argues that in granting defendant’s motion to strike, the motion has been treated by the parties and the trial court as a ruling on the admissibility of certain evidence at trial. An examination of the record does not reflect plaintiffs’ fears. Defendant made a motion to strike and the trial court ruled on it without comment. Any ruling by this court upon the admissibility of such evidence would be both improper and premature as that issue is not properly before this court.
Judgment affirmed.
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