Lloyd Wood Construction Co. v. Little

623 So. 2d 968, 1993 Miss. LEXIS 288
CourtMississippi Supreme Court
DecidedJuly 22, 1993
DocketNos. 89-CA-0051, 89-CA-0052
StatusPublished
Cited by5 cases

This text of 623 So. 2d 968 (Lloyd Wood Construction Co. v. Little) 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
Lloyd Wood Construction Co. v. Little, 623 So. 2d 968, 1993 Miss. LEXIS 288 (Mich. 1993).

Opinions

BANKS, Justice,

for the Court:

This consolidated appeal involves two jury verdicts for money damages against Lloyd Wood Construction Company, an Alabama corporation doing business in Mississippi, (Lloyd Wood) and Cook-Coggin Engineers, Inc., a Mississippi corporation (Cook-Cog-gin). In the verdict for Dukes, the jury also found the Town of Raleigh liable.

Dukes and Little each owned property upon which the Lloyd Wood Construction Company and Cook-Coggin Engineers entered to install an underground sewage system. Both alleged Lloyd Wood and Cook-Coggin wrongfully entered their property and, once on the property, negligently caused damage. The juries, in separate trials, returned verdicts for the plaintiffs, awarding Little $10,000 in damages and Dukes $15,000 in damages. Post-trial motions were denied. The losing defendants appealed and Little cross-appealed the judgment for the Town of Raleigh.

[970]*970I.

Little filed an action seeking damages against Lloyd Wood, Cook-Coggin and the Town of Raleigh, Mississippi, in Smith County Circuit Court in 1985. On June 29, 1987, Dukes filed her action seeking damages against Lloyd Wood, Cook-Coggin and the Town of Raleigh, Mississippi, in Smith County Circuit Court. Little’s action was tried in July 1987, resulting in a $10,000 award against Lloyd Wood and Cook-Coggin only. Dukes’ action was tried in November 1987, resulting in a $15,000 award against Lloyd Wood, Cook-Coggin and the Town of Raleigh.

All defendants contend that the evidence was insufficient to establish either liability or damages, that the damages expert testimony was erroneously admitted, that there was impermissible hearsay and parol evidence was allowed, and that the jury was erroneously instructed as to both liability and damages.

Little argues the overwhelming weight of the evidence adduced at trial supported a verdict against the town and that the negligence of Lloyd Wood and Cook-Coggin should be imputed to the town. In addition, Little contends that the town violated a term of the easement which required the town to return the dominant and the servient estate to substantially the same condition as existed prior to the installation of the sewage system.

II.

On July 17, 1982, and January 5, 1983, Dallas Little and Ruby Gay Dukes, respectively, granted the Town of Raleigh easements for construction of a sewage system across their properties. The conveyances provided a twenty-foot permanent easement and a fifty-foot construction easement for the initial construction of the sewer line.

The town entered into a contract with Lloyd Wood to complete the sewer project on February 16, 1983. Subsequently, Cook-Coggin contracted with the town to act as engineer on the sewer project.

The Little Case

a.

Little claimed his property was damaged as a result of the installation of the sewer line. In particular, Little maintained Lloyd Wood and Cook-Coggin negligently installed and inspected the sewer line. Also, Little alleged the town was negligent insofar as the town contracted with construction companies that failed to adequately install the system, as well as restore Little’s property to its pre-construction condition.

Little testified Lloyd Wood removed trees situated on the land bounded by the easement. These trees were removed from the property before Little had an opportunity to sell them. Little also testified that sand which Lloyd Wood transported to the construction site ran off into a pond on Little’s property, causing a sand bar to form in the pond. Finally, as a result of the displacement or removal of natural obstacles both on and off the area bounded by the easement, Little testified a portion of his property suffered from erosion.

On cross-examination, Little stated his property had been substantially restored to its original appearance with the exception of the sand bar and the removal of trees from the area bounded by the easement. Little admitted that he was aware before he granted the easement to the town that a wide strip of timber would have to be removed from his property and could not be replanted over the sewer. Thus, the only alteration to Little’s land he did not anticipate, according to his testimony, was the sand bar. This sand bar was described as a “delta” fifty by one hundred and fifty feet at the point of entry of one of the natural streams that feed the three- to five-acre pond.

Little’s pond restoration expert testified improper installation of the sewage line contributed to the formation of the sand bar in Little’s pond. The pond expert estimated it would cost $31,700 to completely rework the pond by removing silt from its bottom. In giving this figure, the expert made no attempt to relate this figure to the damage caused by the erosion from the sewage line construction.

[971]*971Little’s timber expert, Jerry Hawkins, testified the stumpage value of the trees removed from the area bounded by the easement amounted to $1,200.1 The timber expert then testified that removal of the sand bar would cost $5,000. Finally, the timber expert stated the fair market value of the servient estate was $100,000 before the sewer line was installed and $90,000 after the installation was completed. On cross-examination Hawkins admitted that he had been unable to give a before value at the time of his deposition or at any time prior to his determining that the tax valuation of the property was $96,000. He secured no other information between deposition and trial. In the end, his estimation of diminution of value was clearly no more than a calculation of what he perceived to be elements of damage to the property.

Hawkins testified that the decrease in the land value was attributed to the $1,200 of stumpage removed and the $5,000 cost to remove the sand bar. This last estimate was based solely upon a conversation that Hawkins had with the pond expert outside the courtroom. Defendants objected to the testimony, and the court directed that they renew their objection after the testimony. The objection was never renewed. Hawkins then testified that the additional diminution of $3,800 was for replacement of the timber on the property.

Lloyd Wood’s realty expert testified the servient estate had a fair market value of $96,600 prior to the installation of the sewer line and $97,800 after installation.

A resident inspector from Cook-Coggin testified that Lloyd Wood was responsible for all construction work at the site and that Cook-Coggin was responsible only for keeping track of the type of materials being used to complete the project and observing the subterraneous induction of the sewer pipe to ensure proper installation. On cross-examination, the inspector stated that installation of the sewer line caused some silt to run off into the pond, but that the run off did not amount to an “extreme amount.”

Cook-Coggin’s project manager testified as well, stating the construction work done on the sewer line met with all plans and specifications and that the work was formally accepted by the Town of Raleigh.

The Little jury returned a verdict for Little, awarding damages in the amount of $10,-000 against Lloyd Wood and Cook-Coggin.

b.

The case is fraught with error. The jury was insufficiently guided by the instructions as to both liability and damages as to all defendants.

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Cite This Page — Counsel Stack

Bluebook (online)
623 So. 2d 968, 1993 Miss. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-wood-construction-co-v-little-miss-1993.