Emotional Damages for Libel Case

Wood v. Smith (Ga. Ct. App. 2025, No. A25A1221) — Emotional Damages for Libel Don't Require a Separate Pleading Under Georgia Law

The Georgia Court of Appeals affirmed a $250,000 damages award in a libel case after Rogers Wood publicly accused Ken Smith of murdering his late wife and brother. Smith's wife had in fact died in hospice from colon cancer, and Wood's statements—made via text to a sheriff and on social media—spread widely. Smith testified that the accusations deeply hurt and embarrassed him.

Wood admitted his statements were false and claimed he was mentally impaired by a fungal infection at the time. After a bench trial, the court entered judgment for Smith, awarding $250,000 for emotional harm under OCGA § 51-12-6 ("wounded feelings" damages). On appeal, Wood argued that the trial court should have made findings about whether Smith was a public or private figure and that damages under OCGA § 51-12-6 were improper because Smith cited the wrong statute. The Court of Appeals rejected both arguments. It held that a trial court need not make written findings unless requested, and that Smith's complaint—though citing the wrong code section—substantively sought damages for injury to peace, happiness, and feelings, and the issue was tried by consent. The ruling reinforces that in Georgia, courts look at the substance of a claim rather than technical pleading errors, and that emotional damages for libel are proper when the injury is to peace, happiness, or feelings. Official docket search: https://www.gaappeals.us/docket-search/ Public opinion link: https://law.justia.com/cases/georgia/court-of-appeals/2025/a25a1221.html