Gold Kist, Inc. “Gold Kist” sued Base Manufacturing, Inc. “Base”, asserting claims for breach of contract, negligence, fraud, and punitive damages. Following trial, a jury found in favor of Gold Kist and awarded damages against Base on the breach of contract and negligent design claims. Gold Kist appeals in Case No. A07A1944, alleging that the jury’s award of damages was inadequate. Base cross-appeals in Case No. A07A1945, contending that the trial court erred in denying its motion for directed verdict as to Gold Kist’s claims for fraud and punitive damages. For reasons that follow, we affirm the judgment in Case No. A07A1944 and dismiss as moot the cross-appeal in Case No. A07A1945. Construed in favor of the verdict1, the evidence shows that Gold Kist and Base entered into contracts in which Base agreed to supply metal storage rack systems for Gold Kist’s chicken processing facilities in Alabama and South Carolina. Under the contracts, Base agreed to provide the racks according to Gold Kist’s specifications and warranted that they would be free from defects; upon breach of the warranties, Base agreed to correct the problem or to pay for a replacement racks.
Thereafter, one of the racks at the South Carolina facility collapsed, and Gold Kist investigated and determined that the racks at both facilities were improperly designed, manufactured, and installed.2 Thus, Gold Kist filed a breach of contract action against Base and later amended the complaint to add claims for negligence, fraud, and punitive damages. After Gold Kist rested, Base moved for a directed verdict as to fraud and punitive damages, but the trial court denied the motion. The jury found in favor of Gold Kist as to its claims for breach of contract and “negligent design, construction, or installation” as to the racks for both the South Carolina and Alabama facilities. However, the jury found in favor of Base as to Gold Kist’s claims for negligent misrepresentation, fraud, attorney fees, pre-judgment interest, and punitive damages. The damages awarded were significantly less than the amounts Gold Kist sought at trial.3 Gold Kist moved for a new trial as to damages only, contending that the jury’s award was not supported by the evidence, and the trial court denied the motion.
