John Thurmond & Associates, Inc. v. Kennedy

558 S.E.2d 666 (2008)

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John Thurmond & Associates, Inc. v. Kennedy

Georgia Supreme Court
558 S.E.2d 666 (2008)

Facts

David Kennedy (plaintiff) contracted with John Thurmond & Associates, Inc. (JTA) (defendant), a construction company, to rebuild and restore his house for $311,156 after it was damaged by fire. After discovering various problems with the reconstruction performed by JTA, Kennedy filed suit for breach of contract, breach of warranty, negligent construction, and negligence. At trial, Kennedy presented evidence that repairing the faulty construction performed by JTA was estimated to cost $751,632. The trial court granted JTA’s motion for a directed verdict on the ground that Kennedy failed to prove the fair market value of his home after the alleged faulty repairs had been completed by JTA. Kennedy appealed. The court of appeals reversed and held that proof of fair market value was not required. The Georgia Supreme Court granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

Dissent (Carley, J.)

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