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Wise v. Tidal Constr. Co. Inc.

The defendant was entitled to a directed verdict in a negligent construction case because the plaintiff's expert admitted he did not know the standard of care owed by a contractor and there was no evidence regarding the cost of the repair the expert recommended.

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Mary Rose Wise and Nell Lackman, her mother, appeal from the trial court’s direction of a verdict in favor of Tidal Construction Co. Tidal in their suit arising from claimed defective construction of a home owned by them.1 “A directed verdict is authorized only when there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict.” Citation and punctuation omitted. Carden v. Burckhalter , 214 Ga. App. 487, 488 1 b 448 SE2d 251 1994. On appeal, we conduct a de novo review and will uphold the grant of a directed verdict only if all the evidence demands it. Id.

Tidal purchased the lot in Richmond Hill upon which the home was built from developer Charles Stafford on July 21, 1995. A building permit was obtained by Tidal on November 19, 1995. The lot was cleared and the site was prepared by Tidal’s subcontractor. The concrete slab foundation, including footers, was poured in January 1996. On March 31, 1997, Mary Rose2 not yet married to Michael Wise and her mother bought the home from Tidal for $138,900.

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