Interstate Development Services of Lake Park, Georgia, Inc. (IDS), sued one of its founding partners and shareholders, Vijay Patel, for breach of a promissory note and breach of an agreement to make certain payments to IDS. Patel counterclaimed for, among other things, lost profits from IDS’s failure to erect billboard advertising on its land. The case went to trial before a jury, which awarded IDS $232,382 on its claims and also awarded Patel $232,382 on his lost profits counterclaim. The trial court entered final judgment on the jury verdict. IDS appeals.
IDS correctly asserts that there is no evidence supporting the verdict and judgment on Patel’s lost profits counterclaim. A business owner may recover lost profits only if the business has a proven track record of profitability. The jury is not permitted to speculate as to what the allegedly lost profits might have been.
Empire Shoe Co. v.
*899
NICO Indus.,
Patel’s reliance on
Crosby v. Spencer,
Judgment reversed.
