Bilt Rite of Augusta, Inc. v. Gardner

Bilt Rite of Augusta, Inc. (Bilt Rite) (defendant) installed a polyurethane-foam roof on a home owned by James and Inez Gardner (plaintiffs). The foam manufacturer’s instructions specified that the foam should be installed at least one inch thick, preferably one-and-a-half inches or more. The manufacturer’s instructions also warned that the foam should not be applied over loose gravel. After the installation, the Gardners’ roof leaked repeatedly. The Gardners sued Bilt Rite in Georgia state court for multiple claims, including professional negligence for having negligently installed the roof. The Gardners presented evidence that the foam had been installed unevenly on their roof, with most of it only around one-half inch thick, and that the foam had been installed over loose gravel in some leaky areas. The jury found that Bilt Rite had committed professional negligence. Bilt Rite moved for a judgment notwithstanding the verdict, or JNOV, arguing that the Gardners’ professional-negligence claim failed as a matter of law because the Gardners had not presented expert evidence establishing the professional standard of care for foam-roof installations. The Gardners argued that they did not need to present expert testimony establishing the standard of care for their claim because the jury could use the manufacturer’s instructions and common knowledge to evaluate whether Bilt Rite had installed the roof negligently. The trial court denied Bilt Rite’s motion, affirming the judgment for the Gardners. Bilt Rite appealed.