Bingham v. City of Jonesboro

201 S.W.3d 1, 89 Ark. App. 120
CourtCourt of Appeals of Arkansas
DecidedJanuary 5, 2005
DocketCA 04-172
StatusPublished
Cited by3 cases

This text of 201 S.W.3d 1 (Bingham v. City of Jonesboro) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bingham v. City of Jonesboro, 201 S.W.3d 1, 89 Ark. App. 120 (Ark. Ct. App. 2005).

Opinion

Olly Neal, Judge.

Appellants Herbert and Betty Bing-ham, after obtaining a judgment against appellee City of Jonesboro, served a writ of garnishment on the Bank of Jonesboro in an attempt to collect on the judgment. The Craighead County-Circuit Court quashed the writ, and this appeal followed. 1 We reverse and remand.

The City of Jonesboro filed suit to condemn part of the Binghams’ property for an easement and deposited $21,424 into the court registry as just compensation for the taking. The trial court allowed the Binghams to withdraw that money for their own use, but the Binghams thereafter filed a counterclaim against the City, asserting that the amount deposited was inadequate. The Binghams’ claim was tried to a jury, and the jury rendered the following verdict: “We, the jury, find in favor of Herbert S. Bingham and Betty P. Bingham and assess their compensation at $42,297.00.” The verdict was incorporated into a judgment dated April 30, 2003.

On June 6, 2003, the City sent the Binghams a check for $23,398.52, which represented the difference between the judgment amount of$42,297 and the $21,424 that the City had already paid, plus interest. The Binghams refused to accept the check and instead filed a writ of garnishment against the City’s bank, the Bank of Jonesboro, evidencing their intention to collect the full amount of$42,297 in addition to the $21,424 that they had already received. The City moved to quash the writ and deposited $23,398.52 into the court registry as full payment to the Binghams. The Binghams objected, stating that, because the trial jury had been informed of the City’s prior payment of $21,424, the jury’s award of $42,297 was intended as an addition to that payment. In support of their claim, the Binghams attached the affidavits of ten jurors stating their intent to award appellants “$42,297.00 in new money over and above that which had already been paid by the City of Jonesboro to them.”

A hearing was held, during which the trial judge stated that he would not consider the juror affidavits. Following the parties’ arguments, the judge quashed the writ of garnishment and, in an order filed on July 22, 2003, declared that the City owed the Binghams $23,398.52. The Binghams now appeal from that order and from a subsequent order denying their motion to reconsider. They argue that the trial court erred in quashing the writ of garnishment, thereby effectively reducing their judgment, and that the trial court erred in disregarding the juror affidavits.

We first address the Binghams’ argument with regard to the juror affidavits. The basis for the trial court’s refusal to consider the affidavits was Ark. R. Evid. 606(b) (2004), which reads:

Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury’s deliberations or to the effect of anything upon his or any other juror’s mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith, nor may his affidavit or evidence of any statement by him concerning a matter about which he would be precluded from testifying be received, but a juror may testify on the questions whether extraneous prejudicial information was improperly brought to the jury’s attention or whether any outside influence was improperly brought upon any juror.

This rule embodies the public interest in preserving the confidentiality of jury deliberations and ensures that jury deliberations remain secret, unless it becomes clear that the jury’s verdict was tainted by a showing of extraneous prejudicial information or some improper outside influence. Waste Mgmt. of Ark., Inc. v. Roll Off Serv., Inc., 88 Ark. App. 343, 199 S.W.3d 91 (2004). Our courts have been very strict in interpreting Rule 606(b) to allow inquiry into a juror’s thought processes only where the juror’s testimony concerns extraneous information or outside influence. Id.; see also Machost v. Simkins, 86 Ark. App. 47, 158 S.W.3d 726 (2004).

In Machost v. Simkins, supra, we held that a court should not consider an affidavit wherein a juror attempts to relate the reasons behind the jury’s damage award. There, the plaintiff, Machost, submitted a juror affidavit to the court explaining why the jury had mistakenly awarded her only $2,000 when the evidence clearly showed that she had incurred $10,000 in reasonable and necessary medical expenses. We held that, “[bjecause Machost has not alleged that some outside influence affected the jury’s deliberations, this court cannot consider the affidavit or its allegations that the jury was confused when it awarded Machost only $2,000.” 86 Ark. App. at 54, 158 S.W.3d at 730; see also Bailey v. Stewart, 236 Ark. 80, 83, 364 S.W.2d 662, 664 (1963) (holding, in a case that pre-dates the Arkansas Rules of Evidence, that the use of a juror affidavit to explain the jury’s intention regarding its damage award was “incompetent, for reasons of public policy”).

The juror affidavits in this case do not assert that the jury’s deliberations were affected by extraneous information or outside influence. Rather, the purpose of the affidavits was to explain the amount of damages that the jury intended to award. In light of our holding in Machost, we agree with the trial court that the affidavits should be disregarded, and in discussing the balance of this case, we will not consider them.

The Binghams’ remaining argument is that the trial court erred in quashing the writ of garnishment because, according to the plain language of the judgment, they are entitled to collect $42,297 from the City, and not $42,297 less $21,424. They cite Tweedy v. Counts, 73 Ark. App. 163, 40 S.W.3d 328 (2001), for its holding that a judgment should be construed as written and that the language of the judgment, as opposed to the reasons for the judgment, is controlling. The City, on the other hand, argues that the judgment was “perfectly clear” in awarding appellants $42,297 as total compensation for the taking and that any attempt by appellants to explain otherwise should be disregarded.

Neither party cites authority that is directly on point, and our research of the law of Arkansas and other jurisdictions has revealed none. However, the situation sub judice is analogous to those tort cases in which a plaintiff who has sued multiple defendants settles before trial with one of the defendants. Our supreme court has held that, where the jury is informed of the amount of the pretrial settlement and subsequently awards damages against the remaining defendants in a general verdict, it is presumed that the damages assessed by the jury are in addition to the amount already paid by the settling tortfeasor. For example, in Giem v. Williams, 215 Ark. 705, 222 S.W.2d 800 (1949), Williams sued two defendants, Giem and Tune, and Tune settled before trial for $4,000.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

KW-Dw Props., LLC v. Ark. State Highway Comm'n
2019 Ark. 95 (Supreme Court of Arkansas, 2019)
Williamson v. Baptist Health Med. Ctr.
2016 Ark. App. 78 (Court of Appeals of Arkansas, 2016)
Villines v. North Arkansas Regional Medical Center
385 S.W.3d 360 (Court of Appeals of Arkansas, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
201 S.W.3d 1, 89 Ark. App. 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bingham-v-city-of-jonesboro-arkctapp-2005.