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Mosaic Business Advisory Servs. Inc. v. Stone

The trial court did not err in denying the defendant company's motions for a directed verdict and judgment notwithstanding the verdict in a former employee's suit alleging breach of an agreement to pay her a percentage of profit from consulting work she originated and performed on behalf of the company.

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Following a jury trial, Mosaic Business Advisory Services, Inc., Mosaic appeals from a monetary award in favor of co-founder Lee Ann Stone in her suit against Mosaic alleging, in relevant part, breach of an agreement to pay her a percentage of profit from consulting work she originated and performed on behalf of Mosaic. Mosaic contends that the trial court erred by denying its motions for a directed verdict and judgment notwithstanding the verdict JNOV, as well as denying its request for a jury charge on the enforceability of promises to pay future compensation. Mosaic predicates all of these arguments on the grounds that 1 there was inadequate consideration, 2 the alleged agreement was too indefinite to enforce, and 3 Stone terminated the compensation negotiations prior to reaching an enforceable agreement. For the reasons that follow, we 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, new trial and JNOV will not be disturbed.1

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