(Citations omitted.) Eastview Healthcare v. Synertx, Inc. , 296 Ga. App. 393, 398-399 (4), 674 S.E.2d 641 (2009). Thus, even if the defendants failed to come forward with evidence showing lost profits (an issue we need not resolve), the lack of evidence of lost profits would not constitute a viable basis for granting summary judgment to Dr. Wanna on the defendants’ counterclaims for breach of the non-compete and non-solicitation covenants in the Executive Agreement, Physician Agreement, and Asset Purchase Agreement.
Although Shannon complains that 6428 Church failed to sufficiently prove the specific expenses it incurred, "the lack of evidence regarding the actual amount of damages is not dispositive on a motion for summary judgment in a breach of contract case." Eastview Healthcare v. Synertx , Inc. , 296 Ga. App. 393, 398 (4), 674 S.E.2d 641 (2009). "This is because ... in every case of breach of contract, the injured party has a right to damages, but, if there has been no actual damage, the injured party may recover nominal damages sufficient to cover the costs of bringing the action."
” Eastview Healthcare, LLC v. Synertx, Inc., 296 Ga.App. 393, 398, 674 S.E.2d 641, 646 (2009); O.C.G.A. § 13-3-1. Georgia law requires “courts [to] interpret contracts in three steps: first, the court determines whether the contract language is clear and unambiguous.
Thus, a plaintiff has the burden of pleading and proving the existence of a valid contract by showing all of these elements. Eastview Healthcare, LLC v. Synertx, Inc., 674 S.E.2d 641, 646 (Ga.Ct.App. 2009).
To establish a claim for breach of contract under Georgia law, a plaintiff must first plead the existence of a valid contract. Eastview Healthcare, LLC v. Synertx, Inc., 296 Ga. App. 393, 398-99, 674 S.E.2d 641, 646 (2009). After establishing the existence of a contract, the plaintiff must also present evidence that defendant breached that contract.
This is because, under OCGA § 13-6-6, in every case of breach of contract, the injured party has a right to damages, but if there has been no actual damage, the injured party may recover nominal damages sufficient to cover the costs of bringing the action. (Citation and punctuation omitted.) Eastview Healthcare v. Synertx., 296 Ga. App. 393, 399 (4), 674 S.E.2d 641 (2009). Accordingly, the trial court’s order is reversed to the extent it granted summary judgment on Ajigbolamu’s claim for general damages flowing from Milne’s breach of the parties’ contract.
Generally speaking, a plaintiff need not always establish the actual amount of damages flowing from the breach to survive summary judgment on a breach-of-contract claim. See Eastview Healthcare v. Synertx, Inc. , 296 Ga. App. 393, 398-399 (4), 674 S.E.2d 641 (2009) ; see also OCGA § 13-6-6. That proposition is inapplicable to the peculiar factual and procedural posture presented here, however, because allowing Knaack's breach-of-Declaration claim to proceed absent evidence of an injury specific to her resulting from the Association's alleged wrongdoing would eviscerate the standing requirement in challenges to HOA restrictions.
This is because, under OCGA § 13-6-6, in every case of breach of contract, the injured party has a right to damages, but, if there has been no actual damage, the injured party may recover nominal damages sufficient to cover the costs of bringing the action. Eastview Healthcare v. Synertx, Inc. , 296 Ga. App. 393, 399 (4), 674 S.E.2d 641 (2009) (citations and punctuation omitted). Here, even though there is no indication that Moore sustained actual damages arising from the alleged breach, such lack of evidence "does not constitute a viable basis for granting [the Defendants’] motion for summary judgment."
This is because, under OCGA § 13–6–6, in every case of breach of contract, the injured party has a right to damages, but, if there has been no actual damage, the injured party may recover nominal damages sufficient to cover the costs of bringing the action.Eastview Healthcare v. Synertx, Inc., 296 Ga.App. 393, 399(4), 674 S.E.2d 641 (2009). In this case, there is, at the very least, a genuine issue of material fact as to whether the funeral home's failure to ensure that the decedent's ashes were in the urn during the memorial service constituted a breach of the memorial services contract. So even though there is a lack of evidence that the appellants sustained actual damages arising from the alleged breach, such lack of evidence “does not constitute a viable basis for granting [the defendants'] motion for summary judgment.
A. Breach of Contract Claim "Under OCGA § 13-3-1, the plaintiff in a breach of contract action has the burden of pleading and proving the existence of a valid contract by showing that there are parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate." Eastview Healthcare, LLC v. Synertx, Inc., 674 S.E.2d 641, 646 (Ga.App. 2009). Therefore, First IC Bank must properly allege that an enforceable contract existed with North American to survive a motion to dismiss.