ANDREWS, Judge.
Seung C. Park appeals after a jury awarded $715,000 to Stacey Camacho's estate on its claim for pain and suffering and $5,115,000 to Camacho's surviving spouse on his claim for wrongful death.
The record shows that the jurors were to be prequalified as to shareholders, officers, directors and employees of Nationwide, but not as to policy holders. But, as the trial court stated, it was not confirmed with the jury clerk whether that was done, "so we're going to make sure it is done properly here." Also, because sometimes there were jurors "who didn't make it through the questionnaire," the court wanted to make sure that the qualification was done properly. The trial court said that because it was a mutual insurance company, he would add policy holders to the list of those to be prequalified.
The court asked the panel: "Are any of you an officer—director, officer, agent, employee, shareholder or policy holder of Nationwide Mutual Fire Insurance Company? Are any of you related by blood or marriage, third cousin or closer, to any director, officer, agent, employee or share holder of Nationwide Mutual Fire Insurance Company?"
Then, during counsel's general questioning of the panel, plaintiffs' counsel asked the jurors: "The judge asked you about Nationwide Mutual Fire Insurance Company; and I'm not going to follow up and repeat those questions, but I do want to ask you about insurance companies, generally. So is there anyone . . ." At that point, the court interrupted counsel and counsel did not continue with the question.
Defense counsel moved for a mistrial "based upon the reinjection of the subject of insurance into the case." Plaintiffs' counsel stated that he asked the question because he thought that people who had been involved in handling claims for insurance companies would bring a bias to the case. The trial court denied the motion for mistrial but instructed plaintiffs' counsel that he could "not discuss insurance."
(Punctuation omitted.) Dubose v. Ross, 222 Ga.App. 99, 100, 473 S.E.2d 179 (1996).
In Dubose, plaintiff, while testifying, "related defendant's admissions of fault and mentioned that plaintiff had asked defendant whether he had insurance, to which defendant responded in the affirmative." Id. at 99, 473 S.E.2d 179. The trial court refused to grant defendant's motion for mistrial and this Court affirmed, holding that there was no abuse of discretion because
Id. at 100-101, 473 S.E.2d 179.
Likewise, in Leonard v. Miller, 207 Ga.App. 602, 428 S.E.2d 646 (1993),
Id. at 603, 428 S.E.2d 646. This Court held that "[w]here, as here, interest of the insurance company is admitted, it cannot be said that counsel's examination extended beyond the permissible limits. Under the facts and circumstances which existed in the case at bar we find no abuse of discretion by the trial court in having permitted these additional voir dire questions." (Punctuation omitted.) Id. The court in Leonard relied on Parsons v. Harrison, 133 Ga.App. 280, 282(1), 211 S.E.2d 128 (1974), which also held that there was "no abuse of discretion by the trial court in having permitted these additional voir dire questions." See also Defusco v. Free, 287 Ga.App. 313, 314-315, 651 S.E.2d 458 (2007) (plaintiff's answer that she wanted "[j]ust for the insurance to pay" did not require the grant of a mistrial).
Gonzalez v. Wells, 213 Ga.App. 494, 445 S.E.2d 332 (1994), cited by Park, does not demand a different result. In that case,
Id. at 495, 445 S.E.2d 332.
That is not the case here. Moreover, the trial court stopped counsel before he could finish his question concerning insurance and refused to allow him to mention it again. Accordingly, we find no abuse of discretion in the trial court's refusal to grant a mistrial. See Defusco, supra at 314, 651 S.E.2d 458 ("Where a motion for a mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of discretion, the refusal of the trial court to grant a mistrial is not error.").
2. Next, Park claims the trial court erred in denying his motion for directed verdict and motion for j.n.o.v. on the amount of damages the jury awarded for pain and suffering. Park argues that there was testimony that Camacho was unconscious immediately after the collision and therefore the amount of damages awarded was unwarranted.
"On appeal from the denial of a motion for a directed verdict or for j.n.o.v., we construe the evidence in the light most favorable to the party opposing the motion, and the standard of review is whether there is any evidence to support the jury's verdict." Parris Properties, LLC v. Nichols, 305 Ga.App. 734, 735, 700 S.E.2d 848 (2010).
Here, Officer Irizzary testified that he arrived at the scene of the accident within a minute or so after the call came in to dispatch. He stated that when he arrived, there was a doctor talking to Stacey Camacho.
Park argues that two of the eyewitnesses testified that Camacho was unconscious when they saw her immediately after the accident. One of the witnesses, when asked if Camacho was unconscious, answered "As best I could tell." The other witness who went up to Camacho's car after the accident testified "she looked like she wasn't conscious."
3. Next, Park claims that the trial court erred in refusing to give the following charge: "Members of the jury, in an action for alleged wrongful death, Georgia law does not allow compensation for the mental or physical suffering of the person bringing the action. The emotional upset of [the plaintiffs] in this action, if any, cannot be considered by you in awarding damages." Instead, the trial court gave the following charge:
Park cites to no authority on point holding that it was error to give the above charge instead of the requested one and we find none. "It is now well settled that, simply because a request to charge is apt, correct and pertinent, it is not necessarily error to fail to charge it, but the test is whether the court substantially covered the principles embodied therein or whether it was sufficiently or substantially covered by the general charge." (Punctuation omitted.) Alexie, Inc. v. Old South Bottle Shop Corp., 179 Ga.App. 190, 191-192, 345 S.E.2d 875 (1986). Because the trial court's charge covered the principles in appellant's requested charge, the trial court did not err in refusing to give the requested charge. Id.
4. In his last enumeration of error, Park argues that the verdict was strongly against the weight of the evidence and principles of justice. Park cites to his arguments in support of the above enumerations of error as authority. In light of our holdings in Divisions 1, 2, and 3 above, and because the decision whether to grant a new trial on these grounds is left to the sound discretion of the trial judge, we need not address this enumeration. See Glenridge Unit Owners Assn. v. Felton, 183 Ga.App. 858, 859, 360 S.E.2d 418 (1987) ("The grant or denial of a motion for new trial . . . is a matter within the sound discretion of the trial court and will not be disturbed . . . if there is `any evidence' to authorize it.") (punctuation omitted).
Judgment affirmed.
ELLINGTON, C.J., and DOYLE, J., concur.