In a tort action in which the entire injury is to the peace, happiness, or feelings of the plaintiff, no measure of damages can be prescribed except the enlightened consciences of impartial jurors. In such an action, punitive damages under Code Section 51-12-5 or Code Section 51-12-5.1 shall not be awarded.
History. Orig. Code 1863, § 2999; Code 1868, § 3012; Code 1873, § 3067; Code 1882, § 3067; Civil Code 1895, § 3907; Civil Code 1910, § 4504; Code 1933, § 105-2003; Ga. L. 1987, p. 915, § 6.
Law reviews.
For article, “Pre-Impact Pain and Suffering,” see 26 Ga. St. B. J. 60 (1989).
For annual survey article discussing tort law, see 51 Mercer L. Rev. 461 (1999).
For article, “Sexual Harassment Claims Under Georgia Law,” see 6 Ga. St. B. J. 16 (2000).
Structure Georgia Code
Article 1 - General Provisions
§ 51-12-1. Types of Damages; Evidence Admissible in Actions Involving Special Damages
§ 51-12-2. General and Special Damages Distinguished; When Recovered
§ 51-12-3. Direct and Consequential Damages Distinguished
§ 51-12-4. Damages Given as Compensation for Injury; Measure of Damages Generally; Nominal Damages
§ 51-12-5. Additional Damages for Aggravating Circumstances
§ 51-12-6. Damages for Injury to Peace, Happiness, or Feelings
§ 51-12-7. Recovery of Necessary Expenses
§ 51-12-8. When Damage Too Remote for Recovery Generally
§ 51-12-9. How Remoteness Ascertained
§ 51-12-10. Exception to Rule Against Recovery of Remote Damages
§ 51-12-11. Mitigation of Damages Required; Exception
§ 51-12-12. Court Interference With Jury Verdict as to Damages
§ 51-12-13. Reduction of Expenses, Wages, and Other Damages to Present Value