John Thurmond & Associates, Inc. v. Kennedy
Georgia Supreme Court
558 S.E.2d 666 (2008)
Relevant factsFree
Kennedy (plaintiff) contracted with JTA (defendant) to rebuild his fire-damaged house for $311,156, and after discovering defects in JTA's reconstruction, sued for breach of contract, breach of warranty, and negligence, presenting expert testimony estimating repair costs at $751,632. The trial court granted JTA a directed verdict because Kennedy failed to prove the home's fair market value after the faulty repairs, but the court of appeals reversed, holding fair market value proof was not required.
IssueFree
Whether, in Georgia, a plaintiff asserting breach of contract and negligent construction claims need present evidence only of the cost to repair or the property's fair market value, or both.