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Joel v. Chastain

Evidence that defendant's inadequately supervised employee falsely represented himself to be an attorney and settled plaintiff's case without her consent supported the jury's award of mental distress damages to plaintiff.

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A jury found David C. Joel, Attorney at Law, P. C. the P. C. breached its fiduciary duty to its client, Brenda Chastain, and awarded Chastain $4,000 in compensatory damages and $20,000 in attorney fees pursuant to OCGA § 13-6-11. The jury found in favor of the P. C. on Chastain’s claims under the Fair Business Practices Act and for fraud. The P. C. claims the evidence did not support the verdict and that the trial court erroneously instructed the jury. Because we find no error in the instructions, and find evidence supporting the jury’s conclusion that the P. C. breached its fiduciary duty and harmed Chastain, we affirm as to the breach of fiduciary duty and compensatory damages. Although we conclude there was sufficient evidence of bad faith to support the award of attorney fees pursuant to OCGA § 13-6-11, we vacate the award and remand the case to the trial court for a hearing to determine what portion of the $20,000 awarded was attributable to Chastain’s successful claim.

1. The evidence viewed in favor of the verdict was sufficient to show a breach of fiduciary duty and damages flowing from the breach.

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