Blair Construction, Inc. v. Weatherford

In this appeal, we consider whether the plaintiff presented the necessary clear and convincing evidence to establish a prima facie case of constructive fraud.

Blair Construction, Inc., a general contractor, filed its motion for judgment against Randy Weatherford, t/a W. S. Construction, alleging that Weatherford breached its subcontract with Blair and that Weatherford had also engaged in acts of constructive fraud against Blair. At the conclusion of Blair’s evidence, the trial court granted Weatherford’s motion to strike the constructive fraud claim, and the jury returned a verdict in favor of…