Pampattiwar v. Hinson

Recovery for "wounded feelings" under O.C.G.A. § 51-12-6 is permitted for fraudulent misrepresentation where, as here, the plaintiff claimed that the entire injury she suffered from the misrepresentation was to her peace, happiness or feelings.

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Vivek A. Pampattiwar hired Jan V. Hinson, Esq., and her law firm, Jan V. Hinson, P.C. collectively, “Hinson” to file a divorce action on his behalf. Hinson ultimately terminated the representation and brought this action against Pampattiwar, alleging, among other things, that Pampattiwar had committed fraud by intentionally misleading Hinson during his initial consultation with her, and had published statements about her and her firm on the Internet that were libelous and placed her in a false light. Pampattiwar filed a motion to dismiss for failure to state a claim for fraud, which the trial court denied. The case proceeded to trial, and the jury returned a verdict in favor of Hinson on her claims for fraud, libel per se, and false light invasion of privacy. Pampattiwar filed motions for judgment notwithstanding the verdict and for new trial, which the trial court denied. Pampattiwar now appeals, challenging the trial court’s denial of his motions. For the reasons discussed below, we affirm.

“When we review the denial of a motion for new trial or judgment notwithstanding the verdict, we must affirm the denial if there is any evidence to support the verdict.” Wellons, Inc. v. Langboard, Inc., 315 Ga. App. 183, 187 2 726 SE2d 673 2012. In making this determination, we construe the evidence and every inference arising therefrom in the light most favorable to the prevailing party. Fletcher v. C.W. Matthews Contracting Co., 322 Ga. App. 751 746 SE2d 230 2013. “The determinative question is not whether the verdict and the judgment of the trial were merely authorized, but . . . whether a contrary judgment was demanded.” Citation and punctuation omitted. Wright v. Apartment Inv. & Mgmt. Co., 315 Ga. App. 587, 588 726 SE2d 779 2012.

Pampattiwar v. Hinson

Recovery for "wounded feelings" under O.C.G.A. § 51-12-6 is permitted for fraudulent misrepresentation where, as here, the plaintiff claimed that the entire injury she suffered from the misrepresentation was to her peace, happiness or feelings.

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