Dedeaux v. Pellerin Laundry, Inc.

947 So. 2d 900, 2007 WL 114289
CourtMississippi Supreme Court
DecidedJanuary 18, 2007
Docket2003-CT-02408-SCT
StatusPublished
Cited by28 cases

This text of 947 So. 2d 900 (Dedeaux v. Pellerin Laundry, Inc.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dedeaux v. Pellerin Laundry, Inc., 947 So. 2d 900, 2007 WL 114289 (Mich. 2007).

Opinion

947 So.2d 900 (2007)

Marilyn C. DEDEAUX and Eugene Dedeaux
v.
PELLERIN LAUNDRY, INC.

No. 2003-CT-02408-SCT.

Supreme Court of Mississippi.

January 18, 2007.

*901 Robert H. Tyler, attorney for appellants.

John Roger Miller, attorney for appellee.

EN BANC.

ON WRIT OF CERTIORARI

CARLSON, Justice, for the Court.

¶ 1. After the Court of Appeals, in addressing an issue not raised on appeal, *902 reversed the trial court judgment and remanded this case for a new trial on the issue of damages only, we granted certiorari to clarify an area of the law which had become muddled due to prior decisions from this Court. Having carefully considered the record and the issues before us, we affirm the judgment of the Court of Appeals, though for reasons different from those stated by that Court.

FACTS AND PROCEEDINGS IN THE TRIAL COURT

¶ 2. The facts relevant to the disposition of today's case are for the most part gleaned from the opinion of the Court of Appeals:

Marilyn and Eugene Dedeaux filed a claim against Pellerin Laundry, Inc. alleging that they sustained multiple damages as a result of an automobile accident between a vehicle driven by Marilyn and a vehicle owned by Pellerin. The jury returned a verdict in Marilyn's favor and awarded her damages; however, it awarded zero damages to Eugene. In response, the Dedeauxes moved for a new trial on the issue of damages, or in the alternative, for an additur. The trial court denied the motion for a new trial, but granted . . . Marilyn an additur of $20,000 and Eugene an additur of $10,000. After a reduction to reflect Marilyn's percentage of fault, Marilyn received a total recovery of $31,011.36, and Eugene received a recovery of $5,300.

Dedeaux v. Pellerin Laundry, Inc., 947 So.2d 961, 961-62, 2005 WL 1530425, 2005 Miss. Ct.App. LEXIS 442, **1, 3, ¶¶ 1, 5, (Miss.Ct.App.2005).

¶ 3. After the trial court entered its final judgment, Marilyn C. and Eugene Dedeaux filed their notice of appeal, and we assigned this case to the Court of Appeals.

PROCEEDINGS IN THE COURT OF APPEALS

¶ 4. Before the Court of Appeals, the Dedeauxes raised four issues: "(1) [whether] the jury award in favor of Marilyn was nominal and against the overwhelming weight of the credible evidence, (2) [whether] the jury verdict failing to grant damages to Eugene was against the overwhelming weight of the evidence, (3) [whether] the trial court erred in refusing to grant their motion for a new trial on the issue of damages, and (4) [whether] the trial court erred in failing to grant a more substantial additur to the jury award in their favor." Dedeaux, 947 So.2d at 962, 2005 Miss. Ct.App. LEXIS 442, *2, ¶ 2. On the other hand, Pellerin Laundry, Inc., summed up the issue on appeal as whether the trial judge abused his discretion in denying the Dedeauxes' motion for a new trial on damages. Pellerin argued that the trial judge did not abuse his discretion and that the final judgment should be upheld. However, the Court of Appeals sua sponte decided "that Pellerin failed to affirmatively accept the additur in a timely manner; therefore, we order a new trial on the issue of damages only." Dedeaux, 947 So.2d at 962, 2005 Miss. Ct.App. LEXIS 442, *2, ¶ 3.

¶ 5. The Court of Appeals determined that while the record revealed that the trial judge intended to grant a new trial on damages if Pellerin chose not to accept the court-ordered additur, the record was silent as to whether Pellerin had taken affirmative action to either accept or reject the additur; therefore, the Court of Appeals determined that a new trial as to damages was mandated pursuant to statute and case law. Dedeaux, 947 So.2d at 963, 2005 Miss. Ct.App. LEXIS 442, **7-8, ¶¶ 11-12. Subsequent to the judgment of the Court of Appeals, Pellerin timely filed a motion for rehearing before the Court of Appeals, *903 asserting that it had timely accepted the trial court's additur by mailing separate checks payable to Marilyn and Eugene, and a Satisfaction of Judgment, to the Dedeauxes' attorney. Attached to the motion for rehearing were purported copies of the checks and Satisfaction of Judgment. Pellerin asserted that it never filed the Satisfaction of Judgment with the trial court because it was never signed by the Dedeauxes and returned to Pellerin. The Court of Appeals denied Pellerin's motion for rehearing, prompting Pellerin's filing of its petition for writ of certiorari with us. Pellerin thereafter filed a supplemental brief pursuant to the provisions of M.R.A.P. 17(h).

DISCUSSION

¶ 6. In considering the various issues which the parties raised before the Court of Appeals, as well as the additional issue generated by the Court of Appeals' disposition of this appeal by deciding, sua sponte, that this case had to be remanded for a new trial on the issue of damages only because "Pellerin failed to affirmatively accept the additur in a timely manner," we have concluded that we can combine these issues and restate the critical issue for clarity in today's discussion.

WHETHER THE PLAINTIFFS ARE ENTITLED TO A NEW TRIAL ON THE ISSUE OF DAMAGES

¶ 7. Before proceeding further, we deem it necessary to give at least a brief history of how this Court has dealt with the issue of additur/remittitur. The following history will reveal that we have been less than consistent. In Altom v. Wood, 298 So.2d 700 (Miss.1974), this Court was confronted with a claim by the plaintiff that the amount of the jury verdict ($2,500) in a personal injury action was inadequate; thus, this Court had no issue before it concerning the trial court's grant of an additur or a remittitur. Id. at 701. However, upon considering the amount of the jury verdict, when compared with the evidence, this Court determined that a grant of an additur was appropriate. Id. at 702. In considering the provisions of Miss.Code Ann. § 11-1-55 (1972),[1] the Court also addressed the issue of which party had the option of accepting or rejecting the additur. The Court found that in cases in which a remittitur was ordered, the plaintiff had the option of accepting the remittitur or having the case remanded to the trial court for a new trial on the issue of damages; however, in cases in which an additur was ordered, the defendant had the option of accepting the additur or having the case remanded to the trial court for a new trial on the issue of damages. Id. The Court reasoned that a court-ordered remittitur or additur impinged on the right to trial by jury; therefore, if a remittitur were ordered, the plaintiff had the option of accepting or rejecting the remittitur, and if an additur were ordered, the defendant had the option of accepting or rejecting the additur. Id. In reaching *904 this conclusion, this Court acknowledged the pre-statute case of Woodmansee v. Garrett, 247 Miss. 148, 153 So.2d 812 (1963), in which this Court held that in cases involving unliquidated damages, the Court had no authority to increase the amount of the jury verdict without the consent of the party prejudiced, since such action "would be violative of the constitutional guarantee of trial by jury." Altom, 298 So.2d at 702.

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Bluebook (online)
947 So. 2d 900, 2007 WL 114289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dedeaux-v-pellerin-laundry-inc-miss-2007.