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Keywords

lawsuitplaintiffdamageslitigationappealtrialjury instructions
plaintiffdamagesappealtrialjury instructions

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MTW Inv. Co. v. Alcovy Properties, Inc., 273 Ga.App. 830, 616 S.E.2d 166, 05 FCDR 1921

Facts

MTW Investment Company was a limited partner in Regency Forrest Association, which sold a parcel of land to Alcovy Properties, Inc. MTW filed a lawsuit against Alcovy, asserting that Regency did not have the authority to sell the property and filed a lis pendens against it. Alcovy counterclaimed for abusive litigation, and after a series of appeals and trials, the jury awarded Alcovy $625,000 in nominal damages, which MTW contested as excessive.

The undisputed facts show that MTW was a limited partner of Regency Forrest Association (“Regency”). Regency owned a parcel of land, which it sold to Alcovy. MTW brought suit against Alcovy, alleging that Regency lacked authority to sell the property, and it filed a lis pendens against the property.

Issue

Did the trial court err in its jury charge regarding nominal damages, and was the jury's award of $625,000 in nominal damages excessive as a matter of law?

Did the trial court err in its jury charge regarding nominal damages, and was the jury's award of $625,000 in nominal damages excessive as a matter of law?

Rule

Nominal damages are defined as a trivial sum awarded where a breach of duty or an infraction of the plaintiff's right is shown, but no serious loss is proved. In Georgia, the amount awarded as nominal damages may vary based on circumstances and is not restricted to a small amount.

Nominal damages are generally defined as a trivial sum awarded where a breach of duty or an infraction of the plaintiff's right is shown, but no serious loss is proved.

Analysis

The court found that the jury's award of $625,000 in nominal damages was not excessive as MTW did not provide evidence of prejudice, bias, or mistake in the trial. However, the court also determined that the trial court's jury instructions were contradictory, leading to confusion about how to assess nominal damages, which warranted a new trial.

The court found that the jury's award of $625,000 in nominal damages was not excessive as MTW did not provide evidence of prejudice, bias, or mistake in the trial.

Conclusion

The Court of Appeals reversed the trial court's judgment regarding the nominal damages awarded to Alcovy and ordered a new trial due to the erroneous jury charge.

The Court of Appeals reversed the trial court's judgment regarding the nominal damages awarded to Alcovy and ordered a new trial due to the erroneous jury charge.

Who won?

Alcovy Properties, Inc. prevailed in the case as the court upheld the jury's award of nominal damages, although a new trial was ordered due to issues with jury instructions.

Alcovy Properties, Inc. prevailed in the case as the court upheld the jury's award of nominal damages, although a new trial was ordered due to issues with jury instructions.

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