This case involves Turner Broadcasting System, Inc.’s “Turner” alleged breach of an oral agreement to sell the Atlanta Hawks and Atlanta Thrashers sports teams and the operating rights to Phillips Arena to appellee David McDavid. Following a jury trial, a $281 million verdict was entered in favor of McDavid on his breach of contract claim. Turner filed a motion for judgment notwithstanding the verdict “j.n.o.v.”, or in the alternative, for a new trial, which the trial court denied. Turner appeals, contending that 1 the evidence failed to show a that the parties intended to be bound in the absence of an executed written agreement or b that the parties reached agreement on all material terms of the sale; 2 the evidence failed to show that the basketball and hockey leagues would have approved the sale; 3 the trial court erred in failing to give its requested jury charge on league approval; and 4 the damages were speculative, excessive, and decidedly against the weight of the evidence.1 We discern no error and affirm. If a jury has returned a verdict, which has been approved by the trial judge, then 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 verdict will be upheld on appeal. Citation and punctuation omitted. City of Atlanta v. WH Smith Airport Svcs. , 290 Ga. App. 206 659 SE2d 426 2008. See also Rental Equip. Group, LLC v. MACI, LLC , 263 Ga. App. 155, 157 1 a 587 SE2d 364 2003. So viewed, the evidence at trial showed that Turner is the former owner of the Hawks and the Thrashers, with operating rights to Philips Arena the “assets”. In October 2002, Turner publicly announced its interest in selling the assets as part of a “deleveraging program” to reduce its mounting debts. In November 2002, McDavid expressed an interest in buying the assets and entered into negotiations with Turner.2
On April 30, 2003, the parties executed a “Letter of Intent,” outlining the proposed sale terms and establishing a 45-day exclusive negotiating period. On June 14, 2003, the Letter of Intent expired with no agreement, but the parties continued to negotiate. When McDavid inquired about extending the Letter of Intent, Turner’s principal negotiator told him, “Don’t worry about it. We’re very, very close to a deal. You’re our guy.”
