Shelter Mutual Ins. Co. v. Bryant

In Shelter Mutual Ins. Co. v. Bryant, 220 Ga. App. 526 (469 SE2d 792) (1996), the trial court denied a motion in limine by the UM carrier to exclude evidence of the defendant driver's consumption of alcohol. Id. at 527. As a result of its default in failing to answer the complaint, the estate of the defendant driver had admitted that the driver was negligent. Id. The UM carrier had admitted that the automobile accident was a covered policy event. Id. Consequently, the case had proceeded to trial solely on the issue of what damages were proximately caused by the accident. Id. at 527-528. In affirming the trial court's denial of the motion in limine, we first rejected the UM carrier's argument that evidence of alcohol consumption is only relevant in automobile accident cases where punitive damages are sought: "That evidence of alcohol consumption is an aggravating circumstance in awarding punitive damages does not mean that such evidence is automatically inadmissible if punitive damages are not sought, however." Id. at 528 (1). The Court then went on to hold that evidence of "the defendant driver's alcohol consumption was inextricably linked to the accident, and to his negligence." Id. Despite the admission of negligence, we concluded that such evidence "was relevant to the jury's inquiry because . . . the elements of proximate cause and damages were still subject to proof." Id. at 529 (1).