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Gill Plumbing Co. v. Jimenez

Trial courts may only amend a verdict in mere matter of form after the jury has dispersed, and an increase in the damage award was a matter of substance, not mere form.

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This is the second appearance of this contractual indemnity case before this court. See Jimenez v. Gilbane Bldg. Co. , 303 Ga. App. 125 693 SE2d 126 2010. On remand from the first appeal, a jury trial was held that addressed, among other things, whether and to what extent a plumbing subcontractor was required to indemnify a plumbing contractor for damages resulting from a burst pipe. Using a special verdict form, the jury found that the parties had entered into a valid written contract that included an indemnity agreement and awarded the plumbing contractor damages in the amount of $191,382.01. The trial court entered judgment on the verdict, leading to these companion appeals. In Case No. A11A0607, the plumbing contractor, Gill Plumbing Company, contends that the trial court erred in refusing to enter a judgment that molded the verdict to correct an alleged illegality and inconsistency in the damages award. In Case No. A11A0608, the plumbing subcontractor, Jose Alfredo Jimenez, contends that the trial court erred in denying his motion for a directed verdict on Gill Plumbing’s indemnity claim because the evidence purportedly failed to show that the parties entered into a valid written contract. For the reasons discussed below, we affirm in both appeals.

The record shows that Gilbane Building Company was the general contractor for the construction of a dormitory at Georgia Southern University. Gilbane hired Gill Plumbing as the plumbing contractor. Gill Plumbing then subcontracted with Jimenez to install the pipes in the slab floor and walls of the dormitory.

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