This case is before us on appeal from the trial court’s denial of the Gipsons’ motion for directed verdict on the issue of lost profits. Because we find there was sufficient evidence of lost profits to go to the jury, we affirm the judgment of the trial court.
“A
directed verdict is not proper unless there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom,
demands
a certain verdict.” (Citations and punctuation omitted; emphasis in original.)
Fouts v. Builders Transport,
Here, the evidence at trial was that Ms. Gipson hit the rear end of Phillips’ van while he was stopped at a red light. Gipson’s car hit Phillips’ van with enough force to wedge her car under the van and require a wrecker to detach them. There was evidence of damage to the van and injuries to Phillips’ neck and back.
On the issue of lost profits, Phillips testified as follows: “Q. What kind of odd jobs did you do after you retired? A. Well I paint signs, I build cabinets, do hang doors, do landscaping, grading work. Q. Do you have any grading equipment that you use? A. Yes, sir. Q. What kind of equipment do you
Mrs. Phillips testified that she was the one who handled the money and paid the bills. When asked whether the $250 a week figure was accurate, she replied, “That’s about accurate, yes. Some weeks it might be a little more, some less.” She stated that after the collision the amount of money her husband was able to bring in was “[pjretty much nothing.” Mrs. Phillips said her husband’s inability to work lasted for approximately a year and a half.
This was sufficient evidence from which the jury could determine probable lost profits. “It may be stated as a general rule that in tort actions a recovery may be had for loss of profits, provided their loss is the proximate result of the defendant’s wrong and they can be shown with reasonable certainty. The profits recoverable in such cases are limited to probable, as distinguished from possible benefits.” (Punctuation omitted.)
Ga. Grain Growers Assn. v. Craven,
Here, both Mr. and Mrs. Phillips testified that Mr. Phillips cleared about $250 a week doing odd jobs and grading work. Mrs. Phillips testified that after his accident, Mr. Phillips earned almost nothing for approximately a year and a half. Accordingly, the Phillips carried their burden of showing the loss in such a way that the jury could calculate the amount without basing their finding on guesswork or speculation.
Mathis v. Copeland,
Moreover, even if we were to find the evidence was insufficient to provide a basis for calculating lost profits, reversal is not required where the trial court properly charged the jury that lost earnings were recoverable “where the evidence shows with a reasonable certainty the amount of the loss.”
Williams v. Adams, 170
Ga. App. 35, 36 (
Therefore, because there was evidence as to probable lost profits and because the lump sum verdict was within the range of the evidence, we cannot say it was improper. Accordingly, we will not disturb the judgment of the trial court.
Johnston,
supra at 526;
Williams,
supra at 37;
Southern Crate &c. Co. v. McDowell,
Judgment affirmed.