King v. Progressive Gulf Insurance Co.

913 So. 2d 1065, 2005 Miss. App. LEXIS 748, 2005 WL 2649962
CourtCourt of Appeals of Mississippi
DecidedOctober 18, 2005
DocketNo. 2003-CA-02796-COA
StatusPublished
Cited by1 cases

This text of 913 So. 2d 1065 (King v. Progressive Gulf Insurance Co.) 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
King v. Progressive Gulf Insurance Co., 913 So. 2d 1065, 2005 Miss. App. LEXIS 748, 2005 WL 2649962 (Mich. Ct. App. 2005).

Opinion

MYERS, J.,

for the Court.

STATEMENT OF THE CASE

¶ 1. This case involves a dispute between an insurer and ah insured concerning the coverage for damage caused in a motorcycle accident. The trial court issued a judgment notwithstanding the verdict and a directed verdict in favor of defendant, Progressive Gulf Insurance Company, on plaintiff Stetson King’s claims for “bad faith” and punitive damages. We are asked to determine whether the judgment notwithstanding the verdict and directed verdict were proper. Finding no error, we affirm the trial court’s judgment.

STATEMENT OF FACTS

¶2, In July 2001, Stetson King purchased a 2002 Kawasaki Ninja motorcycle. On August 15, 2001, King procured insurance coverage for the motorcycle through Progressive Gulf Insurance Company.(Progressive) Fourteen days later, August 28, 2001, King was involved in an accident, in which he slid on some rocks and laid the motorcycle down on its left side. King reported this loss to his insurance carrier and a claims adjuster was sent to observe the damage to the motorcycle. The claims adjuster recognized $735.83 worth of damage to the left side of King’s motorcycle. The adjuster further noticed $2,268.94 worth of damage to the right side of King’s motorcycle. The adjuster noted that the right side damage would require further inspection, as rust had developed on portions of the damage, indicating that the damage occurred prior to the left side damage.

¶ 3. Progressive conducted further inquiry into the damage and determined that the right side damage was inconsistent with a left side slide as was reported by King. In making its determination, Progressive relied on the fact that no damage was done to the windshield, the difference in direction of the damage on both sides of the motorcycle; and the vague explanation by King regarding the accident (King would not tell Progressive how the right side damage occurred; he just stated that it fell on its left side and slid, and that he was unsure what else happened). Progressive tendered payment in the amount of $485.83 ($735.83 in damage, less $250 deductible) to cover the left side damage to the motorcycle. Progressive then continued with the right side damage to the motorcycle under a reservation of rights. The parties could not agree on the circumstances, and a trial on the matter resulted.

¶ 4. At trial, King was awarded $15,000 by the jury. Afterwards, the trial judge granted Progressive’s motion for JNOV, holding that the evidence presented did not support the jury’s award. Further, the trial judge denied King’s request for a punitive damage instruction. It is from these two rulings that King appeals, raising the following two issues:

I. WHETHER THE TRIAL COURT ERRED BY GRANTING PROGRESSIVE’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT?
II. WHETHER THE TRIAL COURT ERRED BY DIRECTING A VERDICT IN FAVOR OF PROGRESSIVE ON THE ISSUE OF PUNITIVE DAMAGES?

LEGAL ANALYSIS

I. WHETHER THE TRIAL COURT ERRED BY GRANTING PROGRESSIVE’S MOTION FOR JUDGMENT [1067]*1067NOTWITHSTANDING THE VERDICT?

STANDARD OF REVIEW

A motion for JNOV made under the procedural vehicle of M.R.C.P. 50(b), requires the trial court to test the legal sufficiency of the evidence supporting the verdict, not the weight of the evidence. Tharp v. Bunge Corp., 641 So.2d 20, 23 (Miss.1994). See M.R.C.P. 50(b). In order to rule on a motion for JNOV, the trial court is required to consider the evidence in the light most favorable to the non-moving party, giving that party the benefit of all favorable inferences that reasonably may be drawn therefrom. Corley v. Evans, 835 So.2d 30, 36 (Miss.2003) (quoting Goodwin v. Derryberry Co., 553 So.2d 40, 42 (Miss.1989)).

“If the facts so considered point so overwhelmingly in favor of the appellant that reasonable men could not have arrived at a contrary verdict, we are required to reverse and render.” Corley, 835 So.2d at 37. See also Steele v. Inn of Vicksburg, Inc., 697 So.2d 373, 376 (Miss.1997); Bankston v. Pass Road Tire Ctr., Inc., 611 So.2d 998, 1003 (Miss.1992); McMillan v. King, 557 So.2d 519, 522 (Miss.1990). Furthermore, when the plaintiff fails to establish a prima facie case showing the elements of the cause of action, JNOV is proper. Bankston, 611 So.2d at 1001.

“On the other hand, if there is substantial evidence in support of the verdict, that is, evidence of such quality and weight that reasonable and fair minded jurors in the exercise of impartial judgment might have reached different conclusions, affirmance is required.” Corley, 835 So.2d at 37. See also McMillan, 557 So.2d at 522.

. In reviewing a circuit court decision on a motion for JNOV, this Court does not defer to the circuit court’s decision but rather reviews the matter de novo. Northern Elec. Co. v. Phillips, 660 So.2d 1278, 1281 (Miss.1995).

Wilson v. General Motors Acceptance Corp., 883 So.2d 56, 63-4 (¶¶ 21-24) (Miss.2004).

DISCUSSION

¶ 5. King argues that the trial court erred by granting Progressive’s motion for judgment notwithstanding the verdict, as the jury’s verdict was supported by the evidence presented and that the award was not “so unreasonable in amount as to strike mankind at first blush as being beyond all measure, unreasonable in amount and outrageous.” Rodgers v. Pascagoula Pub. Sch. Dist., 611 So.2d 942, 945 (Miss.1992). King argues that the expert witnesses used in the presentation of his casein-chief demonstrated that it was possible for a motorcycle to sustain damage on both sides during a sliding accident and, therefore, the jury’s verdict was proper.

¶ 6. Progressive contends that the evidence presented by King did not support the jury’s verdict. Progressive states that a left side slide , occurred and there was no explanation given for how the right side damage 'occurred. Progressive argues that due to this lack of explanation, a payable right side damage claim was not established, because “the damage to the right side was inconsistent with the facts of loss as reported.” Therefore, Progressive argues, the right side claim is not payable under the plain terms of the pohcy and the trial judge’s grant of JNOV was proper.

¶ 7. King on numerous occasions had the opportunity to explain how the right side of the motorcycle was injured in a left side slide accident. At no point during the investigation by Progressive or at trial did King provide a plausible explanation for [1068]*1068how this right side damage occurred. Progressive was under no duty to cover the right side damage if the damage was not covered by the policy. King produced no evidence to explain how the right side damage was caused in a left side slide.

¶ 8. Finding no evidence to support King’s claim that the right side damage was caused in the left side slide accident, we affirm the trial court’s granting JNOV.

II. WHETHER THE TRIAL COURT ERRED BY DIRECTING A VERDICT IN FAVOR OF PROGRESSIVE ON THE ISSUE OF PUNITIVE DAMAGES?

¶ 9. “A trial court’s decision not to send punitive damages to the jury will only be reversed upon a finding of an abuse of discretion.” Tillman ex rel. Migues v. Singletary, 865 So.2d 350, 354 ¶ 18 (Miss.2003).

¶ 10.

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Bluebook (online)
913 So. 2d 1065, 2005 Miss. App. LEXIS 748, 2005 WL 2649962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-progressive-gulf-insurance-co-missctapp-2005.