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I. A. Group Ltd. Co. v. RMNANDCO Inc.

Apportionment of damages was mandated pursuant to O.C.G.A. § 51-12-33 in the plaintiff's breach of fiduciary duty suit against several defendants, and the trial court erred in instructing the jury on joint and several liability.

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Following a jury trial on the issue of unliquidated damages in this action involving, inter alia, breach of fiduciary duty and related business torts, plaintiff-appellee RMNANDCO, Inc., was awarded $2.5 million jointly and severally against defendants-appellants I. A. Group, Ltd., Co., Stephan Fitch, and two other defendants1 collectively the four I. A. Group defendants, $10 million in punitive damages against Fitch, plus post-judgment interest and costs. After the denial of their motions for new trial, I. A. Group and Fitch filed the instant appeal. They contend that the trial court erred in its jury instructions and jury verdict form because the jury should have been instructed on apportionment of damages rather than joint and several liability; in prohibiting them from challenging issues related to liability and damages; in admitting hearsay evidence of damages over objection; and in failing to rule on their motion for arbitration. For the reasons that follow, we reverse and remand the case for a new trial.

RMNANDCO sued the four I. A. Group defendants in 2010, claiming, inter alia, breach of fiduciary duty and fraud, later amending its complaint to allege violations of the Georgia Uniform Securities Act and the Georgia Racketeer Influenced and Corrupt Organizations Act RICO. In brief, RMNANDCO alleged that it was a one-third owner in I. A. Group, along with Fitch and CX5, and that the four I. A. Group defendants had usurped business opportunities and failed to make distributions to which RMNANDCO was entitled.

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