Brown v. North Jackson Nissan, Inc.

856 So. 2d 692, 2003 Miss. App. LEXIS 891, 2003 WL 22233238
CourtCourt of Appeals of Mississippi
DecidedSeptember 30, 2003
Docket2001-CA-01122-COA
StatusPublished
Cited by6 cases

This text of 856 So. 2d 692 (Brown v. North Jackson Nissan, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. North Jackson Nissan, Inc., 856 So. 2d 692, 2003 Miss. App. LEXIS 891, 2003 WL 22233238 (Mich. Ct. App. 2003).

Opinion

856 So.2d 692 (2003)

Troy D. BROWN, Appellant,
v.
NORTH JACKSON NISSAN, INC. and Nathan Graham, Appellees.

No. 2001-CA-01122-COA.

Court of Appeals of Mississippi.

September 30, 2003.

*693 Michael S. Allred, Ottowa E. Carter, Jackson, attorneys for appellant.

Teselyn Afrique Melton, Robert L. Gibbs, John Curtis Hall, Jackson, attorneys for appellee.

Before MCMILLIN, C.J., THOMAS AND CHANDLER, JJ.

MCMILLIN, C.J., for the Court.

¶ 1. Troy Brown recovered a judgment against North Jackson Nissan and its sales agent, Nathan Graham, on a claim that these defendants, acting in concert, had wilfully converted his used automobile for their own use. Brown has appealed, though he was successful in recovering his actual damages, on the ground that the trial court erred in not submitting the issue of punitive damages to the jury. Additionally, Brown contends that the trial court erred in granting these defendants credit against the judgment in an amount equal to that received by Brown in a pretrial settlement reached with other defendants named in the suit. Finding no error, we affirm.

I.

Facts

¶ 2. The parties vigorously contested the underlying facts of the case. In view of the jury's verdict for conversion in favor of Brown, we must assume that the jury resolved the critical disputed facts establishing the act of conversion in Brown's favor. This recitation of facts, which is necessary to understand the issues of law discussed hereafter, finds support in the record and would be in accord with Brown's theory of recovery.

¶ 3. Brown appeared at North Jackson Nissan and entered into discussions with Graham, a salesman for the company, regarding the possibility of trading his existing *694 vehicle for a different model. After Brown exhibited some reluctance to trade, an arrangement was reached whereby Brown would receive sufficient financing to purchase a new vehicle and receive cash back that would be used to retire other pending debts. At Graham's insistence, Brown left his vehicle with North Jackson Nissan and went home in a loaned vehicle to give him further time to contemplate the proposed deal. After overnight deliberations, Brown decided that he could not afford to go through with the transaction, and he returned to the dealership to regain possession of his vehicle. He was informed, however, that the vehicle had already been sold. After some further negotiations, Brown purchased a replacement vehicle under an arrangement that included financing a portion of the purchase price. Brown was unable to make the required monthly installments on the new vehicle, and it was ultimately repossessed.

¶ 4. After the new vehicle was lost to Brown because of the repossession, he learned that, in fact, his original trade-in vehicle had not been sold when he had originally appeared and asked for its return. Brown's theory of recovery was that North Jackson Nissan's agent, Graham, fraudulently misrepresented the facts concerning the vehicle so that Brown would not attempt to regain possession and would, instead, go through with the original plan to purchase a replacement vehicle from North Jackson Nissan. This concealment of the true facts regarding his vehicle, with the specific purpose of wrongfully and permanently depriving him of its possession, was an act of conversion according to Brown.

¶ 5. Brown originally brought suit against North Jackson Nissan, Graham, and two financing agencies alleged to have been involved in the transaction. The original complaint advanced thirteen separate theories of recovery and sought punitive damages based on the wilful nature of the alleged acts of the various defendants. Prior to trial, Brown's claims against the financing agencies were resolved by settlement in which Brown received the sum of $2,200.

¶ 6. Brown proceeded to trial solely against North Jackson Nissan and Graham. At the conclusion of the proof, Brown abandoned all theories of recovery except his claims of fraud and conversion. The jury found for the defendants on the fraud claim but found them liable in conversion, assessing Brown's actual damages at $10,250. After the jury returned its verdict and while it was still empaneled, the trial court inquired of counsel for all parties if there was anything further to come before the court at the time. Both sides responded in the negative and the court dismissed the jury.

¶ 7. North Jackson Nissan and Graham filed a post-verdict motion seeking a determination by the trial court that they were entitled to credit against the judgment in the sum of $2,200, being the amount received by Brown in the pretrial settlement with the financing organizations. The court allowed the credit over Brown's objection.

¶ 8. Brown filed a posttrial motion for new trial, alleging among other things that the trial court committed reversible error when it failed to proceed under the applicable statute to resolve his claim for punitive damages after the jury had returned its verdict for actual damages. The trial court denied the motion, finding that Graham had waived his right to pursue punitive damages by not raising the issue when the court had inquired, at a time when the jury was still impaneled, if either party had anything further to come before the court.

*695 ¶ 9. In this appeal, Brown alleges that this was reversible error. He also attacks the trial court's decision to allow credit against the judgment for the settlement amount.

II.

Issue One: Punitive Damages

¶ 10. Brown's complaint sought punitive damages against the defendants, and he submitted a proposed punitive damage instruction. In keeping with the statutorily-mandated bifurcated nature of a case potentially involving punitive damages, the trial court deferred consideration of Brown's requested punitive damage instruction when reviewing proposed jury instructions on the law relating to liability and actual damages. Miss.Code Ann. § 11-1-65 (Rev.2002).

¶ 11. There can be no doubt that, once the jury returned its verdict finding in Brown's favor on his claim sounding in conversion (even though the jury found for North Jackson Nissan and Graham as to Brown's claim of fraud), it was the appropriate time to consider the issue of Brown's unresolved claim for punitive damages. Section 11-1-65(1)(c) requires that, upon an award of actual damages, "the court shall promptly commence an evidentiary hearing before the same trier of fact to determine whether punitive damages may be considered." Miss.Code Ann. § 11-1-65(1)(c) (Rev.2002) (emphasis added). Subsection (d) goes on to say that "[t]he court shall determine whether the issue of punitive damages may be submitted to the trier of fact ..." and then charges the trier of fact to decide whether such damages are appropriate and, if so, in what amount. Miss.Code Ann. § 11-1-65(1)(d) (Rev.2002).

¶ 12. In this case, the prompt consideration of the propriety of punitive damages was not undertaken.

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Cite This Page — Counsel Stack

Bluebook (online)
856 So. 2d 692, 2003 Miss. App. LEXIS 891, 2003 WL 22233238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-north-jackson-nissan-inc-missctapp-2003.