McNaughton v. Charleston Charter School for Math & Science, Inc.

I concur in part and dissent in part. I conclude that there is some slight evidence to support the trial court’s denial of appellant’s motions for directed verdict and JNOV on McNaughton’s breach of contract claim, and therefore concur in the majority’s affirmance of this issue. I dissent from those portions of the opinion which uphold the special damages award and the attorneys’ fee award.

In order to recover special damages in this breach of contract suit, McNaughton was required to prove that appellant

[w]as clearly warned of the probable existence of unusual circumstances or that because of…