Tom Brown Contracting, Inc. v. Fishman

Blackburn, Presiding Judge.

Following a trial on breach of fiduciary duty and breach of contract claims against an escrow agent, the jury awarded Tom Brown Contracting, Inc. (“TBC”) the deposit TBC had entrusted to the escrow agent when TBC ordered certain flooring that was later never received. Finding no evidence supported either claim, the trial court entered a directed verdict against TBC and in favor of the escrow agent on both claims, which TBC now appeals. We reverse, holding that some evidence supported both claims.

“[I]n considering a ruling on a motion for a directed verdict, the…