One National Bank v. Pope

272 S.W.3d 98, 372 Ark. 208, 2008 Ark. LEXIS 62
CourtSupreme Court of Arkansas
DecidedJanuary 24, 2008
Docket06-1497
StatusPublished
Cited by9 cases

This text of 272 S.W.3d 98 (One National Bank v. Pope) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
One National Bank v. Pope, 272 S.W.3d 98, 372 Ark. 208, 2008 Ark. LEXIS 62 (Ark. 2008).

Opinion

Paul E. Danielson, Justice.

Appellant One National Bank, as Administrator of the Estate ofLorrie Ann Kaz, deceased, appeals from the judgment entered in its favor and against appellees Richard F. Pope, American Manufacturers Mutual Insurance Company, and Wesley United Methodist Church of Pine Bluff, Arkansas (collectively “American Manufacturers”). The Estate’s sole point on appeal is that the circuit court erred in granting American Manufacturers’s directed-verdict motion on the Estate’s claim for loss-of-life damages under Ark. Code Ann. § 16-62-101 (b) (Repl. 2005). American Manufacturers cross-appeals, arguing that the circuit court erred in denying its motion for judgment as a matter of law, which alleged that there was no evidence that Mr. Pope was acting within the course and scope of his employment at the time of the accident in which Ms. Kaz was killed. We reverse and remand on direct appeal and affirm on cross-appeal.

This case stems from a motor-vehicle accident, which occurred on August 18, 2001, in Cleburne County, Arkansas, on State Highway 5. On that day, Richard F. Pope, then the minister of Wesley United Methodist Church in Pine Bluff, was returning to Pine Bluff following a fishing trip. The fishing trip took place at the home of one of the church’s members and her husband, which was near the White River, and included several high-school-age boys, in the form of a church youth outing. One of the boys, Kevin Owens, was riding with Mr. Pope, when Mr. Pope’s car crossed over the double-yellow line, hit Ms. Kaz’s car, and caused the deaths of three persons, Ms. Kaz and two of her daughters, Dusti Lee Sherman and Julianne Dohrman.

On April 17, 2003, the estates of all three decedents filed a complaint against American Manufacturers, alleging that Mr. Pope “was negligent, which was the proximate cause of the damages and injuries sustained by [the Estate].” 1 The estates sought funeral expenses, loss-of-life damages, and mental-anguish damages, on behalf of the beneficiaries, as well as economic damages on behalf of Ms. Kaz’s son, Donald Scott “D.J.” Sherman. Each of the defendants answered, and, ultimately, the matter went to trial. During the course of the trial, American Manufacturers moved for a directed verdict on the claim for loss-of-life damages as to Ms. Kaz, and the circuit court granted its motion.

The matter proceeded, and at the conclusion of the trial, the jury rendered its verdict on interrogatories. On September 21, 2006, the circuit court entered its judgment. The jury had found that there was negligence on the part of Mr. Pope, which was a proximate cause of damages, that Mr. Pope was not an independent contractor at the time of the accident, and that Mr. Pope was acting within .the course and scope ofhis employment with Wesley United Methodist Church at the time of the accident. Accordingly, judgment was entered in the following manner:

AS TO THE ESTATE OF LORRIE ANN KAZ, the court enters judgment in favor of One National Bank as Administrator of the Estate in the amount of $1,440 in favor of the estate [for funeral expenses], $40,000 in favor of Amanda Boske [Ms. Kaz’s surviving daughter, for mental anguish], and $100,000 in favor of D.J. Sherman [Ms. Kaz’s surviving son, for mental anguish].
AS TO THE ESTATE OF DUSTI SHERMAN, the court enters judgment in favor of One National Bank as Administrator of the Estate in the amount of $1,001,585 in favor of the estate [for loss of life and funeral expenses], $20,000 in favor of Amanda Boske [Dusti’s surviving sister, for mental anguish], and $150,000 in favor of D.J. Sherman [Dusti’s surviving brother, for mental anguish],
AS TO THE ESTATE OF JULIANNE DOHRMAN, the court enters judgment in favor of One National Bank as Administrator of the Estate in the amount of $1,001,585 in favor of the estate [for loss of life and funeral expenses], $20,000 in favor of Amanda Boske [Julianne’s surviving sister, for mental anguish], and $150,000 in favor of D.J. Sherman [Julianne’s surviving brother, for mental anguish].

On October 5, 2006, American Manufacturers filed a motion for judgment notwithstanding the verdict and, in the alternative, motion for new trial. In it, it alleged that the three estates failed to present sufficient evidence at trial that Mr. Pope was acting within the scope ofhis employment with the church at the time of the accident. 2 The three estates responded, and on October 17, 2006, the circuit court entered its order denying the motion, finding that there was substantial evidence that Mr. Pope was acting in the course and scope of his employment with the church at the time of the accident. 3 The Estate filed a timely notice of appeal, and American Manufacturers timely filed its notice of cross-appeal. We turn then to the instant appeal.

The Estate argues that the issue presented by this case is simple: what evidence is required to submit the loss-of-life element of damage to a jury? It avers that section 16-62-101(b) only requires proof that a living person died from the wrongful acts of another to trigger the element of damage and that any additional evidence a deceased person’s estate presents is simply to provide a jury a sound basis for increasing its evaluation. In the instant case, the Estate maintains, the jury could have reasonably inferred from the evidence presented that Lorrie Kaz loved life and placed a value on her own life, and, therefore, the circuit court erred in failing to submit the Estate’s claim for loss-of-life damages to the jury. American Manufacturers counters that without some evidence of how a particular decedent saw his or her life, a jury is left to conjecture and speculation. It submits that it is “the quality of life, not the fact of life, that paves the way to recovery” of loss-of-life damages.

In deciding whether the grant of a motion for directed verdict was appropriate, appellate courts review whether there was substantial evidence to support the circuit court’s decision. See Crawford County v. Jones, 365 Ark. 585, 232 S.W.3d 433 (2006). A motion for directed verdict should be granted only if there is no substantial evidence to support a jury verdict. See id. Stated another way, a motion for a directed verdict should be granted only when the evidence viewed is so insubstantial as to require the jury’s verdict for the party to be set aside. See id. Where the evidence is such that fair-minded persons might reach different conclusions, then a jury question is presented, and the directed verdict should be reversed. See id.

Arkansas’s survival statute specifically provides that a decedent’s estate may recover damages for the decedent’s loss of life:

(b) In addition to all other elements of damages provided by law, a decedent’s estate may recover for the decedent’s loss of life as an independent element of damages.

Ark. Code Ann. § 16-62-101 (b) (Repl. 2005). In Durham v. Marberry, 356 Ark. 481, 156 S.W.3d 242

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Cite This Page — Counsel Stack

Bluebook (online)
272 S.W.3d 98, 372 Ark. 208, 2008 Ark. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/one-national-bank-v-pope-ark-2008.