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FitzSimons v. W. M. Collins Enterprises2/17/2005
W. M. Collins Enterprises, Inc. (Collins) hired Jim Albritton to do construction work based on assurances from Howard L. FitzSimons, President of Insurance Management Associates, Inc. (IMA), that Albritton had workers' compensation insurance for such work. When one of Albritton's workers was injured on the job, Collins discovered that Albritton did not in fact have a workers' compensation policy for construction work, and Collins and its insurer, Home Builders Association of Georgia, Inc., had to pay for the worker's injuries. Collins and its insurer then sued Albritton, FitzSimons, and IMA for, among other things, fraud, negligent misrepresentation, attorney fees, and punitive damages. A jury found in favor of Collins and its insurer on their fraud and negligent misrepresentation claims, and imposed punitive damages against FitzSimons and IMA. The jury did not include an award of attorney fees in their verdict. FitzSimons and IMA appeal, arguing that the trial court erred in denying their motion for a directed verdict on all claims asserted against them. We discern no error and affirm.
Where a jury returns a verdict and it has the approval of the trial judge, the same must be affirmed on appeal if there is any evidence to support it as the jurors are the sole and exclusive judges of the weight and credit given the evidence. The appellate court must construe the evidence with every inference and presumption in favor of upholding the verdict, and after judgment, the evidence must be construed to uphold the verdict even where the evidence is in conflict. As long as there is some evidence to support the verdict, the denial of defendant's motion for directed verdict . . . will not be disturbed [on appeal].
(Citation and punctuation omitted.) Gantt v. Bennett, 231 Ga. App. 238, 240 (1) (499 SE2d 75) (1998).
Construed in favor of Collins, the evidence reveals that in September 1996, Albritton's secretary contacted FitzSimons at IMA to obtain a workers' compensation insurance quote for Albritton's construction company, Southeastern Custom Builders, Inc. FitzSimons gave Albritton the quote, but Albritton believed that the quoted price was too high and did not obtain the insurance policy.
Albritton's secretary contacted FitzSimons again a week later and inquired about workers' compensation coverage for a new company started by Albritton, Cherokee Motor Sports, Inc. (Cherokee Motor Sports). This company allegedly only performed auto service and repair work and was not engaged in construction activity. Accordingly, the estimated workers' compensation premiums were far lower than those that would have been charged for Albritton's construction company. Cherokee Motor Sports issued a check for the full amount of the estimated premium and was given a workers' compensation policy by Lumberman's Mutual Insurance Company.
After Cherokee Motor Sports' workers' compensation coverage went into effect, IMA began receiving requests for certificates of insurance to be issued to several companies considering whether they should hire Cherokee Motor Sports as a construction subcontractor. FitzSimons signed and issued several of these certificates of insurance.
In 1997, Collins hired Albritton to do certain construction work. Before work began, however, Collins attempted to confirm that Albritton and his workers had workers' compensation insurance for building activities. Although FitzSimons suspected at the time that Cherokee Motor Sports may have been engaging in construction work contrary to their workers' compensation policy classification, he nevertheless signed and issued the certificate of insurance to Collins.
A Collins representative reviewed
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