Pollman, et al. v. Swan, et al.
Annotate this CaseAppellants filed suit against all appellees for compensatory and punitive damages, asserting breach of contract, negligence, fraud, and violations of the Georgia Racketeer Influenced and Corrupt Organizations Act (RICO), OCGA 16-14-1 et seq. In 2009, the trial court, inter alia, granted summary judgment to all appellees on the contract, negligence, and RICO claims. The Court of Appeals affirmed the grants of summary judgment. The court held that, since the Court of Appeals erred in making reliance an element of mail fraud and in affirming the grant of summary judgment to appellees based on the failure of appellants to establish reliance, the court reversed that portion of the judgment of the Court of Appeals affirming the grant of summary judgment to appellees on the RICO claim based on mail fraud and remanded for further proceedings. The court also held that there was no evidence in the record that would provide the basis for a fact-finder to calculate damages upon a finding of liability and therefore, the Court of Appeals did not err in holding that summary judgment was authorized due to the failure of appellants to present evidence of damages.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.