American Family Life Assurance Co. v. Queen

321 S.E.2d 750, 171 Ga. App. 870, 1984 Ga. App. LEXIS 2353
CourtCourt of Appeals of Georgia
DecidedJuly 16, 1984
Docket68142
StatusPublished
Cited by11 cases

This text of 321 S.E.2d 750 (American Family Life Assurance Co. v. Queen) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Family Life Assurance Co. v. Queen, 321 S.E.2d 750, 171 Ga. App. 870, 1984 Ga. App. LEXIS 2353 (Ga. Ct. App. 1984).

Opinion

Benham, Judge.

Under a contract which denominated her as an independent con *871 tractor, appellee sold American Family Life Assurance Company’s (“AFL”) insurance products. The complaint under which this case was eventually submitted to a jury was filed in 1982 against AFL and the individual appellants, all of whom are or were associated with AFL. The theory of recovery advanced by appellee was that the appellants interfered with her business. The complaint set out specific ways in which the appellants effected that interference, including misrepresentations made to appellee’s customers, distribution by AFL to some of the other appellants of lists of appellee’s customers, breach of contract by AFL, and malicious acts done for the purpose of injuring appellee’s reputation and business. A jury trial resulted in a verdict in appellee’s favor for $50,000 general damages and $500,000 punitive damages, the exact sum sought in appellee’s complaint. This appeal is from the judgment entered on that verdict.

1. Appellee filed this action in Jenkins County, the residence of one of the individual appellants. The first enumeration of error asserted by appellants is directed to the trial court’s refusal to dismiss the action as to all the appellants who were not residents of Jenkins County.

“Suits against . . . joint tort-feasors . . . residing in different counties may be tried in either county.” Constitution of Georgia 1983, Art. VI, Sec. II, Par. IV. It has long been the law of this state that civil conspirators are liable as joint tortfeasors. Woodruff v. Hughes, 2 Ga. App. 361 (2) (58 SE 551) (1907). It follows that proof of a conspiracy among the defendants in the present case would make venue proper in the county of residence of any one of them. The evidence presented at trial would support the conclusion that AFL, through agents, was the nexus of a conspiracy involving all the individual defendants and calculated to damage appellee’s business. There was evidence that some appellants were assisted by the state headquarters of AFL in soliciting appellee’s policyholders, that policy groups serviced by appellee were reassigned to other sales personnel, and that AFL condoned interference with appellee’s business in ways that were contrary to expressed company policy.

In view of that evidence as applied to the law cited above, we hold without hesitation that the trial court did not err in refusing to dismiss the suit for improper venue. That same evidence renders non-meritorious appellants’ 14th enumeration of error in which they contend that there was no proof of a conspiracy.

2. In their second enumeration of error, appellants urge that the verdict is void because it awards general and punitive damages without special damages and because it does not specify how much of the damages was assessed against which appellants. The basis of this argument is appellants’ interpretation of appellee’s claim as being several different claims for several small amounts of money based on *872 specific acts of the individual appellants and of AFL. That interpretation is mistaken.

“ ‘This state recognizes a cause of action where one maliciously and wrongfully, and with intent to injure, harms the business of another.’ [Cit.]” Wise v. State Bd. &c. of Architects, 247 Ga. 206 (3) (274 SE2d 544) (1981). While appellee’s complaint did allege in general terms certain acts of misconduct by the appellants, it is clear that she sought thereby to recover general damages for a single overall wrong: damage to her business by wrongful and intentional interference therewith. It is apparent from the record and transcript that the specific acts of misconduct brought out by the evidence at trial were intended to serve as illustrations of the harm done to appellee and the specific monetary damages shown were likewise illustrative of the damage caused by the appellants. “General damages are those which the law presumes to flow from a tortious act and may be awarded without proof of any specific amount to compensate plaintiff for the injury done him. [Cit.]” Ga. Power Co. v. Womble, 150 Ga. App. 28 (3a) (256 SE2d 640) (1979). Appellants’ complaints regarding the lack of specificity in the damages award are without merit.

Likewise, there is no merit in appellants’ complaint regarding the entry of judgment against them jointly and severally. “ [A]ll who join in the commission of a wrong resulting in injury are jointly and severally liable for the entire damage sustained . . .” Eidson v. Maddox, 195 Ga. 641, 644 (24 SE2d 895) (1943). The verdict and judgment were proper and no error appears in either of them.

3. As was noted in the preceding division, appellants have attempted to fragment appellee’s action into several different actions, specifically slander, breach of contract, and third party interference with an employment contract. While elements of those actions are involved in the present action because specific acts of particular appellants may amount to those torts, none of those was individually asserted by appellee as a basis for recovery. Appellants’ enumerations of error 4a, 7-12,15,17c, 19, 20, and 21 are all reliant on the adoption by this court of appellants’ misinterpretation of appellee’s lawsuit. Since we reject appellants’ segmented approach to this action, those enumerations of error are wholly without merit and need not be addressed directly.

4. The denial of their motions for judgment notwithstanding the verdict and for new trial on the ground that the evidence is not sufficient is the subject of appellants’ third enumeration of error. We find no cause for reversal in this issue.

There was sufficient evidence to authorize the jury to conclude the following: appellee’s contract with AFL was terminated at one time because she reported alleged wrongdoing by another agent to the state insurance commissioner after her complaints to the company *873 went unheeded; some appellants told appellee’s customers that she was no longer with the company; commissions due to appellee were not paid until she discovered AFL’s failure to pay and demanded payment; “sales aids,” items intended to assist sales personnel in staying current with their policyholders, were distributed to other sales personnel even though they pertained to appellee’s customers; policies written by appellee and still in force were “rewritten” by some appellants, a practice which deprived appellee of renewal commissions while generating new policy commissions for the salesperson at the expense of the customer and the company; policy groups to which appellee had exclusive rights under AFL policy and custom were solicited by some appellants; some of appellee’s policy groups were transferred to one of the appellants; the actions by the various appellants over the course of several years were taken either to harm appellee or to benefit themselves wrongfully at appellee’s expense; and appellee suffered physically and mentally as a result of her treatment by appellants. That evidence warranted a recovery by appellee under the cause of action explained in Wise v. State Bd. &c. of Architects, supra. It follows that appellants were not entitled to judgment notwithstanding the verdict or a new trial on the grounds asserted in this enumeration of error.

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Bluebook (online)
321 S.E.2d 750, 171 Ga. App. 870, 1984 Ga. App. LEXIS 2353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-family-life-assurance-co-v-queen-gactapp-1984.