Menchio v. Rymer

1. As to Division 1, I agree that the damages against Menchio individually “for a breach of contract” must be stricken, but for the same reasons I would require the striking of all damages against him. That is, the verdict against him for negligence, which was the basis for the aggravated damages, would also fall.

The reason is that no acts of negligence were alleged against him other than as agent of the corporation and arising out of the construction contract. Although appellees rely on Coursey Bldgs. Assoc. v. Baker, 165 Ga. App. 521 (301 SE2d 688) (1983), as authority for holding the…