X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial in the Superior Court of Chatham County, appellant-defendant Linda Ewaldsen appeals from the superior court’s denial of her motion for judgment notwithstanding the verdict “j. n. o. v.”, or in the alternative, for a new trial. She argues that appellee-plaintiff Atlantic Insurance Brokers, Inc. “Atlantic” presented no evidence showing that it owned the health and life insurance files which it avers she converted to her own use; that Atlantic presented no evidence of its damages; and that the verdict was contrary to the evidence. Finding some evidence that Atlantic owned the files at issue and that there was evidence of damages, we disagree and affirm. A directed verdict or j. n. o. v. should be granted only if there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable inferences therefrom, demands a particular verdict. Where a jury returns a verdict and it has the approval of the trial judge, 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 denial of Ewaldsen’s motion for directed verdict and j. n. o. .v. will not be disturbed. Citations and punctuation omitted; emphasis supplied. Ballenger Paving Co. v. Gaines , 231 Ga. App. 565, 566 1 499 SE2d 722 1998. The record shows that Atlantic purchased the insurance assets of Frederica Southeast, Inc., a Georgia corporation, on April 1, 1995. Health and life insurance files written by Frederica’s principal officer and agent, William R. Knight, III, and Frederica agent, John Lassiter, were included in the purchase agreement, these files having a commission value in the amount of $16,024.27 as of December, 1994. Although Ewaldsen, an agent specializing in health and life insurance, had been employed as an agent by Frederica on December 5, 1994, the book of business she brought with her to Frederica was not part of the purchase agreement. Ewaldsen went to work as an agent for Atlantic upon the same terms and conditions which had been applicable to her employment with Frederica. Her health and life insurance specialty remained the same, as did her monthly $3,000 salary for which she agreed to sign over to Atlantic all the premium payments she received.

Ewaldsen resigned on May 1, 1998, citing low office morale following Atlantic’s failure to renew its employment contract with former owner Knight.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›