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Triad Drywall v. Building Materials Wholesale, Inc.

Lost profits cannot be proved to the degree of specificity required under Georgia law without a showing of a history of profitability and without definite, certain and reasonable data to ascertain the amount of lost profits on the job at issue.

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In this appeal, Triad Drywall, LLC asserts that the trial court erred in granting a directed verdict in favor of Building Materials Wholesale, Inc. “BMW” on Triad’s breach of contract claim. Previously, in Building Materials Wholesale v. Triad Drywall , 287 Ga. App. 772 653 SE2d 115 2007 “Triad I” ,1 this Court affirmed the jury’s verdict finding BMW liable to Triad for breach of contract. The Court held that the evidence authorized the jury to find that Triad had an agreement to work on a project at Floyd College for Aviation Constructors, Inc. the “Agreement” and that Triad was unable to perform under this Agreement because BMW breached its contract to provide materials to Triad. Id. at 775 1. Nevertheless, the Court held that the evidence was insufficient to support the jury’s award of $160,000 in lost profits to Triad, and it remanded the case for a new trial on the issue of damages. Id. at 777 2.

On remand, Triad once again sought to establish damages in the form of lost profits. But after Triad presented its evidence in the new trial, BMW moved for a directed verdict. The trial court granted the motion, holding that Triad’s evidence was too vague and speculative for the jury to determine damages.

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