Patterson v. Liberty Associates, LP

910 So. 2d 1014, 2004 WL 2823078
CourtMississippi Supreme Court
DecidedDecember 9, 2004
Docket2003-CA-01167-SCT
StatusPublished
Cited by38 cases

This text of 910 So. 2d 1014 (Patterson v. Liberty Associates, LP) 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
Patterson v. Liberty Associates, LP, 910 So. 2d 1014, 2004 WL 2823078 (Mich. 2004).

Opinion

910 So.2d 1014 (2004)

Odell PATTERSON, and Wife, Fannie Patterson and Floyd Patterson
v.
LIBERTY ASSOCIATES, L.P. and Century Management Company.

No. 2003-CA-01167-SCT.

Supreme Court of Mississippi.

December 9, 2004.
Rehearing Denied February 17, 2005.

*1015 T. Patrick Welch, McComb, attorney for appellants.

Jack W. Land, Anthony A. Mozingo, Hattiesburg, attorneys for appellees.

Before SMITH, C.J., CARLSON and DICKINSON, JJ.

CARLSON, Justice, for the Court.

¶ 1. After a trial in which the jury found that the plaintiffs, Odell and Fannie Patterson, had suffered damages in the amount of $0, the circuit court entered a take-nothing judgment consistent with the jury verdict. Once the circuit court had entered an order denying the plaintiffs' motions for a judgment notwithstanding the verdict, a new trial and an additur as well as a motion for reconsideration, the plaintiffs timely appealed to this Court. Finding no reversible error, we affirm the final judgment of the Circuit Court of Amite County.

FACTS AND PROCEEDINGS IN THE TRIAL COURT

¶ 2. The facts of this case are basically without dispute. Odell and Fannie Patterson had lived since 1995 in Liberty Place Apartments, owned and operated by Century Management Company and Liberty Associates, L.P., under a rent assistance arrangement through Rural Development (RD) (formerly known as Farmers Home Administration) and the Internal Revenue Service (IRS). The rent assistance program operates under regulations established by RD and the IRS and provides assistance to applicants whose income is below an established income level. Odell suffered a stroke in 1995, is unable to communicate, and requires around-the-clock bed care.

¶ 3. The Pattersons were certified to live in Liberty Apartments located in Liberty, Mississippi. As was the practice, the Pattersons were submitted a one-year lease for 2002. The lease was executed by Odell and Fannie as tenants and by Joyan Hughes on behalf of the landlord, which according to the lease was Liberty Associates.[1] The term of the lease was from *1016 January 1, 2002, through December 31, 2002.[2] The lease required a thirty-day written notice of termination. On February 6, 2002, Joyan Hughes, who was also the apartment manager, informed Fannie that the Pattersons' income exceeded the maximum amount allowable to maintain eligibility as residents at Liberty Apartments and that they would thus have to move out at the end of the year. This advice by Hughes was clearly wrong inasmuch as she failed to take into consideration an IRS regulation that is commonly referred to as the "once qualified always qualified" rule which would allow the Pattersons to stay notwithstanding an income increase. In fact, Hughes had just attended a managers' meeting earlier that day at which the RD and IRS regulations and income limits were discussed, including the "once qualified, always qualified" rule. On February 15, 2002, Hughes repeated what she had previously told Fannie in the presence of Beth Wicker, Odell's nurse, and a social worker, Cynthia McGehee. Wicker and McGehee offered Fannie assistance in relocating, a service regularly performed by them through their employer, Southwest Mississippi Planning and Development District Medicaid Waiver Program. Their written notes of the conversation indicate that Fannie had "a year to decide" and that the Pattersons had "two acres of land in the country that she could put a trailer or perhaps a house."

¶ 4. At some point, Fannie went to Southwest Home to purchase a mobile home, but was turned down because of her credit. On March 15, 2002, Floyd Patterson, an adult child of the Pattersons, deeded to his parents two acres of land in Amite County. This property had been previously deeded to Floyd by Odell and Fannie prior to their moving into Liberty Apartments in 1995. On that same day, Fannie and Floyd signed the necessary papers to finance a thirty-year mortgage for a home to be constructed on the two acres of land by Jim Walter Homes of McComb. These papers contained a Notice of Cancellation, giving Fannie the right to cancel the transaction at any time prior to midnight on March 19, 2002. Additionally, Jim Walter had a company practice which allowed Fannie the right to cancel the home purchase at any time prior to the concrete footing being poured.[3]

¶ 5. On March 20, 2002, Cheryl Jacobs, the general manager for Century and Liberty Associates, along with Hughes, performed the quarterly inspection of the Pattersons' apartment as required by RD. On this day, neither Hughes nor Fannie mentioned to Jacobs that Fannie had previously been told by Hughes that her lease would not be renewed. However, sometime in June, 2002, Fannie relayed a message to Michael Perry of RD that she wanted to "curse him out" for making her move. After learning from Fannie that Hughes told her that she would have to move, Perry called Jacobs. Jacobs was not aware of what Hughes had previously *1017 told Fannie, so Jacobs called Hughes. Within twenty minutes of the conversation between Fannie and Perry, Hughes apologized to Fannie and admitted that she had made a mistake. It is without question that under the IRS "once qualified, always qualified" rule, the Pattersons did not have to move from Liberty Apartments due to an income increase.

¶ 6. Odell, Fannie, and Floyd Patterson commenced this negligence action by filing a complaint against Century and Liberty on July 30, 2002, and an amended complaint was filed on August 6, 2002. In the amended complaint, the Pattersons alleged, inter alia, that the negligent acts of the defendants had caused the Pattersons to suffer financial damages in an amount of not less than $150,000, and had caused Fannie to suffer "severe mental anguish, depression and distress" in an amount of not less than $500,000. The record reveals that the Pattersons' claim for damages included: $172,404, representing the total amount of the promissory note (including interest over the life of the thirty-year mortgage) with Jim Walter Homes; $374.49 for the purchase of an electric range; $588.48 for the purchase of a refrigerator; $663.76 for the purchase of a washer/dryer; $2,033.00 for the installation of a septic tank system; $1,200 for painting and woodwork; $2,153.63 for flooring; $123.05 for the installation of a gas heater in Odell's bedroom; $110.21 for an electrical connection to the well pump; $15.60 for the difference between cable and satellite service; and $801.40 per year for thirty years for home insurance. After the suit was commenced in late July, Odell and Fannie Patterson moved into their new home in August, 2002.

¶ 7. This case was tried before a jury in Amite County. After the Pattersons had rested their case-in-chief, the defendants moved for a directed verdict and although the motion for directed verdict was denied as to the claims of Odell and Fannie, the trial court granted the motion for a directed verdict as to the claims of Floyd Patterson, and a final judgment was subsequently entered dismissing Floyd's claims with prejudice. After the defendants presented evidence and rested their case-in-chief, the trial court instructed the jury, inter alia, that the defendants were negligent in telling Fannie that she and Odell would have to move from Liberty Apartments. Thus, the sole issue presented to the jury was what damages, if any, were sustained by the Pattersons as a proximate cause of the defendants' negligence. In fact, the trial court, via Jury Instruction No.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Charles Fairley v. Total Transportation of Mississippi, LLC
255 So. 3d 1278 (Mississippi Supreme Court, 2018)
Patton Medical of Gulf Coast, Inc. v. Michael Relle
269 So. 3d 266 (Court of Appeals of Mississippi, 2018)
Keith O'Brien v. Andy J. Alfonso, III
240 So. 3d 471 (Court of Appeals of Mississippi, 2018)
Wilty v. Alpha
99 So. 3d 830 (Court of Appeals of Mississippi, 2012)
Jackson-Miller v. State Farm Insurance Co.
39 So. 3d 991 (Court of Appeals of Mississippi, 2010)
Rhaly v. Waste Management of Mississippi, Inc.
43 So. 3d 509 (Court of Appeals of Mississippi, 2010)
Smith v. CAMPUS EDGE OF HATTIESBURG, LLC
30 So. 3d 1284 (Court of Appeals of Mississippi, 2010)
Lascola v. Barden Mississippi Gaming LLC
349 F. App'x 878 (Fifth Circuit, 2009)
Rogers v. Barlow Eddy Jenkins P.A.
22 So. 3d 1219 (Court of Appeals of Mississippi, 2009)
Potts v. Mississippi Department of Transportation
3 So. 3d 810 (Court of Appeals of Mississippi, 2009)
Causey v. Sanders
998 So. 2d 393 (Mississippi Supreme Court, 2008)
Thornton v. Statcare, PLLC
988 So. 2d 387 (Court of Appeals of Mississippi, 2008)
Crews v. Mahaffey
986 So. 2d 987 (Court of Appeals of Mississippi, 2007)
Fleming v. Floyd
969 So. 2d 868 (Mississippi Supreme Court, 2007)
Johnson v. ST. DOMINICS-JACKSON MEM. HOSP.
967 So. 2d 20 (Mississippi Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
910 So. 2d 1014, 2004 WL 2823078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-liberty-associates-lp-miss-2004.