Angela Bigley, individually and as trustee of the Angela R. Bigley Revocable Living Trust “Bigley”, sued Michael Douglas, Pamela Douglas, Future Settlement Funding of Georgia, Inc. “FSF”, and Expertfunding.Com Corporation “Expertfunding” for various claims, including breach of contract, rescission, breach of fiduciary duty, and fraud. The case proceeded to trial, and the jury returned a general verdict against all defendants for damages, plus attorney fees and litigation expenses. The defendants appeal, claiming that the trial court erred in denying their motions for judgment notwithstanding the verdict. For reasons that follow, we reverse the judgment and remand for a new trial as to the tort claims against FSF and the Douglases. In reviewing the denial of a motion for judgment notwithstanding the verdict “j.n.o.v.”, we apply the any evidence test.1 We consider not whether the verdict and the judgment of the trial court were merely authorized, but . . . whether a contrary judgment was demanded. A j.n.o.v. is properly granted only when there can be only one reasonable conclusion as to the proper judgment; if there is any evidentiary basis for the jury’s verdict, viewing the evidence most favorably to the party who secured the verdict, it is not error to deny the motion.2 Construed in this manner, the evidence shows that Bigley and the Douglases became neighbors in 1993, and Bigley began spending time with Mrs. Douglas, who referred to Bigley as her “best friend.” Noting that the Douglases “seemed very successful,” Bigley asked them about their investments and sought investment advice. In 1997, Mr. Douglas inquired whether Bigley wanted to invest in a business owned by one of his clients, and Bigley agreed to invest.
At the Douglases’ invitation, Bigley attended a seminar later that year on litigation funding investment opportunities, which involved advancing money to individuals bringing personal injury claims. After the seminar, and based on advice from the Douglases, Bigley invested in a litigation funding entity known as Settlement Marketing, Inc. The Douglases then created their own company to fund personal injury cases, Future Settlement Funding of Georgia “FSF”, and approached her about investing. Believing that her other investments were performing well, Bigley decided to invest in the individual cases funded by FSF beginning in July 1998.
