Ramada Hotel Operating Co. v. Shaffer

576 N.E.2d 1264, 1991 Ind. App. LEXIS 1351, 1991 WL 161324
CourtIndiana Court of Appeals
DecidedAugust 19, 1991
Docket29A02-9007-CV-412
StatusPublished
Cited by11 cases

This text of 576 N.E.2d 1264 (Ramada Hotel Operating Co. v. Shaffer) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramada Hotel Operating Co. v. Shaffer, 576 N.E.2d 1264, 1991 Ind. App. LEXIS 1351, 1991 WL 161324 (Ind. Ct. App. 1991).

Opinion

ROBERTSON, Judge.

Ramada Hotel Operating Company appeals from a jury verdict on Robert Shaffer's complaint for compensatory and punitive damages for personal injury. The jury found in Shaffer's favor and awarded him $999,000.00 in compensatory damages and $2,791,580.00 in punitive damages. The Ramada Hotel Operating Company claims that the trial court should not have permit *1265 ted the jury to award punitive damages and that the jury improperly awarded punitive damages calculated solely with improperly admitted evidence. Because we reverse, we will decide only the issue dispositive of this appeal, as only one prejudicial error need be presented for reversal. Coleman v. Mitnick (1964), 137 Ind.App. 125, 202 N.E.2d 577, on rehearing, (1965), 137 Ind. App. 133, 203 N.E.2d 834, trons. denied. We note that this appeal does not contest compensatory damages. The Ramada Hotel Operating Company states the issue as:

Whether the admission of opinion testimony, over objection, concerning the net worth of an entity other than the defendant is reversible error where the jury relied on the net worth evidence in caleu-lating and awarding punitive damages?

The evidence reveals that Shaffer was a pilot for United Airlines and had an overnight stop in Indianapolis. United Airlines had an agreement with the Ramada Inn-Airport to accept its airline employees at group rates, and Shaffer checked in for the night. After breakfast, Shaffer heard water running in the bathroom and went to investigate. He saw a stream of water flowing from a ceiling tile above the bathroom sink to the counter and onto the floor. Before maintenance people arrived, the ceiling had collapsed and had knocked him to the floor. Amidst the water and debris was a bus tub. Employees of the hotel had put the tub on the metal framework of the ceiling tiles to catch the water from the leak which had been present for more than a year. When the hotel was not full, the employees would set up a method by which the water could be diverted to the bathtub and the room was designated "out of order." When the hotel was full, the hotel would place a bus tub above the ceiling tiles and rent the room. Waterlogged ceiling tiles were not uncommon in this bathroom; but the hotel did not warn guests, including Shaffer, about the leak or the bus tub.

Shaffer initially brought suit against Ramada Inns, Inc., Ramada, Inc., and the Ramada Hotel Operating Company but voluntarily dismissed his complaint against the first two in favor of his suit against the latter. Thus, the Ramada Hotel Operating Company was the only defendant in the trial of this case. Shaffer sought punitive damages in his claim and sought to introduce evidence of the net worth of the "Ramada Hotel Group" as a basis for the jury to assess the proper amount of exemplary damages against the Ramada Hotel Operating Company. That goal was complicated because several companies use "Ramada" in their names. For instance, the parties mentioned both Ramada Inns, Inc. and Ramada, Inc. throughout the trial even though those entities were no longer parties to the litigation. In the interest of clarity, references to the defendant in this suit, the Ramada Hotel Operating Company, will be underlined to distinguish it from all other entities or groups which share the name "Ramada."

Shaffer called his expert witness to the stand during his case-in-chief. Counsel for Shaffer had asked the expert to research the net worth of Ramada, Inc. (R.974). The expert studied some financial statements from the Securities and Exchange Commission (the SEC) with respect to the sale of the Ramada Hotel Group to a group of investors (R.975). The expert stated the numbers he was about to give came from the documents from the SEC, which dealt with Ramada, Inc. and the Ramada Hotel Group (R.979). There is no indication this SEC filing dealt with Ramada Inns, Inc. With regard to this SEC document, the defendant asked a preliminary question:

Q. And certain documents pertaining to a proposed sale of a portion of the Ramada Hotel Operating Company, is that correct?
A. Of Ramada ... essentially the Hotel Group, yes, and the subsidiaries.

(R.976).

Even if the SEC documents could be said to have pertained to the proposed sale of the Ramada Hotel Operating Company as part of the Ramada Hotel Group and the subsidiaries, those documents were not provided to the jury or to us in the record. The record is devoid of any specific information about what relationship, if any, ex *1266 isted between the Ramada Hotel Operating Company and Ramada, Inc., the Ramada Hotel Group, or the subsidiaries.

The expert further stated he had consulted a separate financial statement, not the SEC document, for the entire company, Ramada Inns, Inc.:

A. That would be Ramada Inns, Inc., yes.
Q. And it's not the Ramada Hotel Operating Company solely, is it?
A. No, it would not be. There are problems with trying to segregate out.
* * # * * #
Q. Am I to understand correctly, sir, that this is the balance sheet or proxy statement, I think, for Ramada Inns, Inc. and subsidiaries, is that right?
A. That's correct, yes, sir.
Q. And is there ... are there any figures on this document which specifically show the net worth for the Ramada Hotel Operating Company?
A. No, there are not.
Q. So they are consolidated into one form?
A. That's correct, yes.

(R.980-981, 984-985).

At this point in the testimony, the expert had stated that he had relied upon the SEC document with respect to Ramada, Inc. and the Ramada Hotel Group and upon the separate financial statement with respect to Ramada Inns, Inc. He did not state how the Ramada Hotel Operating Company relates to any of them, except that he had found it difficult to isolate the Ramada Hotel Operating Company from Ramada Inns, Inc. based upon the separate financial statement and that the finances of these two entities were somehow consolidated into one form.

The expert testified the separate financial statement dealt with Ramada Inns, Inc. and not "solely" with the Ramada Hotel Operating Company because "there are problems trying to segregate [the Ramada Hotel Operating Company] out." The expert based his testimony entirely upon Ramada Inns, Inc. with regard to the separate financial statement, as he did not state either Ramada, Inc. or the Ramada Hotel Group had any connection with it.

Counsel for the defendant then continued:

Q. Is your testimony based upon the Ramada Inns, Inc. Corporation [sic]? * % * L La *

A. I ... And also the Hotel Group. yes.

Q. Well, I'm going to ask you again, sir, is the number you're going to give us the net worth for the Ramada Hotel Operating Company?

A. Not for the Operating Company per se. But that was not the question that [counsel for Shaffer] asked me.

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

Related

Tarr v. Bob Ciasulli's MacK Auto Mall, Inc.
943 A.2d 866 (Supreme Court of New Jersey, 2008)
Stroud v. Lints
790 N.E.2d 440 (Indiana Supreme Court, 2003)
Executive Builders, Inc. v. Trisler
741 N.E.2d 351 (Indiana Court of Appeals, 2000)
Ford Motor Co. v. Ammerman
705 N.E.2d 539 (Indiana Court of Appeals, 1999)
Ford Motor Co. v. Ammerman
Indiana Supreme Court, 1998
Creative Demos, Inc. v. Wal-Mart Stores, Inc.
955 F. Supp. 1032 (S.D. Indiana, 1997)
United States v. Sebring Homes Corp.
879 F. Supp. 894 (N.D. Indiana, 1994)
Wauchop v. Domino's Pizza, Inc.
832 F. Supp. 1572 (N.D. Indiana, 1993)
Miller Brewing Co. v. Best Beers of Bloomington, Inc.
579 N.E.2d 626 (Indiana Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
576 N.E.2d 1264, 1991 Ind. App. LEXIS 1351, 1991 WL 161324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramada-hotel-operating-co-v-shaffer-indctapp-1991.