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First Bank of Ga. v. Robertson Grading Inc.

The trial court erred in failing to grant the defendant's motion for directed verdict on the plaintiff's claim for promissory estoppel, as the plaintiff failed to establish exclusive or reasonable reliance on any statement by the defendant and the defendant's failure to perform any alleged promise was caused by an independent occurrence for which it was not at fault.

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Following a trial by jury, Robertson Grading was awarded $448,600.65 in damages and $149,500.00 in attorney fees against First Bank of Georgia “the Bank” on the company’s claims for promissory estoppel, unjust enrichment, and negligent misrepresentation related to paving work the company completed in a subdivision that the Bank ultimately foreclosed upon.1 On appeal, the Bank contends that the trial court erred in, inter alia, failing to grant its motion for directed verdict as to each theory of recovery. Because we agree with the Bank that the trial court erred in denying its motion for directed verdict, we reverse.

Viewed in the light most favorable to the verdict,2 the record reflects that in July 2007, Robertson Grading contracted with R & B Construction “R & B”, a non-party to this action, to pave a subdivision R & B was developing in the Augusta area. Robertson Grading quoted R & B an estimated cost of $318,487.50 to complete the project, plus another $32,850.00 to complete a Department of Transportation public right-of-way/deceleration lane. Before starting work, but after agreeing to perform work for R & B, Robertson Grading requested a list of credit references, which R & B provided in late July 2007 and which included the Bank listing Hugh Hollar as the Bank’s representative. Lewis Robertson “Robertson”, the owner of Robertson Grading, testified that he requested the list of references “to be able to determine R & B’s credit worthiness” and that he “wanted a bank reference to find out who was funding the job.”

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