66.502 Tort Damages; Pain and Suffering; Mental

66.502 Tort Damages; Pain and Suffering; Mental Pain and suffering includes mental suffering, but mental suffering is not a legal item of damage unless there is physical suffering also. OB-GYN Associates of Albany v. Littleton, 259 Ga. 663 (1989) Southern Railway Co. v. Jackson, 146 Ga. 243 (1916) Chapman v. Western Union Telegraph Co., 88 Ga. 763 (1892) (Note: Subsequent cases leave the charge from OB-GYN Associates overgeneralized. Subsequent cases have clarified situations in which mental suffering damages can be collected, even without physical injury. These cases are fact specific.) Nationwide Mutual Fire v. Lam, 248 Ga. App. 134 (2001) Lee v. State Farm Mutual, 272 Ga. 583 (2000) (Subnote: A possible solution is to continue to use the general charge and when appropriate, tailor a charge in which the peculiar facts fall into one of the post OB-GYN Associates exceptions.) Damages may be recovered in those cases in which the pain and suffering are caused by a willful or wanton act. American Security Co. v. Cook, 49 Ga. App. 723 (1934) Stephens v. Waits, 53 Ga. App. 44 (1936) Anxiety, shock, and worry are examples of what might be included under mental pain and suffering, and loss of capacity to work or labor, separately from earnings, may be considered as an item causing mental suffering. Williams v. Vinson, 104 Ga. App. 886, 893 (1961) Langran v. Hodges, 60 Ga. App. 567 (1939) Atlantic Coastline Railroad Co. v. Ouzts, 82 Ga. App. 36, 62 (1950)