Scott et al. v. Turner, [A25A0004 (Ga. Ct. App. May 5, 2025], (Dillard; Mercier, C. J., and Land, J., concur) reverses a trial court’s grant of a new trial in a medical malpractice case, holding that the trial court’s correction of an initially erroneous jury instruction adequately cured the defect. The dispute centered on the trial court’s preliminary instruction to the jury on the civil burden of proof, which improperly referenced reasonable doubt. Ms.* 3. Although the initial charge followed a now-disapproved pattern instruction, the trial court revisited and corrected the instruction before any evidence was presented and later repeated the correct statement in its final jury charge. Ms.** 5-6.
Citing White v. Stanley, 369 Ga. App. 330 (2023), and applying the principle that jury instructions must be evaluated as a whole, the court holds that the corrected instructions were accurate, unambiguous, and cured any prejudice. Ms.** 6, 12. The court emphasizes the presumption that juries follow correct instructions and that correct charges, especially when emphasized as such, can negate any harm from earlier misstatements. Ms.* 13.