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American Computer Tech. Inc. v. Hardwick

The defendant ratified a fee agreement contract to pay the plaintiff 4-percent of its $2.9 million recovery against the city of Atlanta when it paid the full amount as set forth in the contract, without reservation or qualification, when the city made its first of three installment payments on the award.

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American Computer Technology, Inc. “ACT” appeals the trial court’s entry of judgment on a jury verdict against it and in favor of Clifford E. Hardwick IV, asserting that the trial court erred in failing to direct a verdict on Hardwick’s claims and in failing to give a requested jury instruction. Because the evidence supported the jury’s verdict and the requested instruction was not adjusted to the facts of the case, we affirm. As ACT acknowledges, “the standard of appellate review of a trial court’s denial of a directed verdict motion is the ‘any evidence’ standard.” Citations and punctuation omitted. Brackett v. Cartwright , 231 Ga. App. 536, 538 2 499 SE2d 905 1998. A motion for directed verdict should be granted only when there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demands a particular verdict. All evidence must be construed most favorably to the non-movant. Before the trial court can direct a verdict for the movant, it must find from the evidence that there is no evidence of any kind supporting the nonmovant’s position. Citations, punctuation, and emphasis omitted. Quality Control Elec. v. Electronic Security Svcs. Co. , 225 Ga. App. 671, 671-672 1 484 SE2d 696 1997.

Examined in the light most favorable to the verdict and judgment, the record shows that ACT initially retained Hardwick to represent it on a claim against the City of Atlanta for computer services performed on the city’s behalf. Hardwick, a former Atlanta city attorney, initially tried to resolve the matter without litigation, but was unsuccessful. ACT decided to sue the city, and at ACT’s request Hardwick recommended Mark Trigg of the firm of Meadows, Ichter and Trigg.

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