Robert Lang v. Teresa Beasley

159 So. 3d 593, 2014 Miss. App. LEXIS 491, 2014 WL 4413219
CourtCourt of Appeals of Mississippi
DecidedSeptember 9, 2014
Docket2013-CA-00446-COA
StatusPublished
Cited by1 cases

This text of 159 So. 3d 593 (Robert Lang v. Teresa Beasley) 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
Robert Lang v. Teresa Beasley, 159 So. 3d 593, 2014 Miss. App. LEXIS 491, 2014 WL 4413219 (Mich. Ct. App. 2014).

Opinion

FAIR, J.,

for the Court:

¶ 1. Teresa Beasley rented space to work as a manicurist at a salon owned by Robert and Beverly Lang. Beasley sued the Langs, alleging that they converted her property and that Robert Lang (“Lang”) had sexually assaulted her. Lang largely refused to participate in the litigation, claiming he was never served with process. He was sanctioned repeatedly for this strategy and ultimately had a default judgment entered against him, though Beverly Lang did put on a defense. Beasley was awarded a total of $138,000 in compensatory damages and $245,000 in punitive damages. The Langs appeal, and we affirm.

FACTS

¶ 2. In 2006, Beasley began operating inside the Langs’ salon, the Suntan Depot. Around this time she moved from a house to a smaller apartment, and the Langs allowed Beasley to store some personal items in another building they owned.

¶ 3. According to Beasley, Robert Lang began showing an interest in her that made her uncomfortable. He asked her personal questions, tried to give her money, and, at one point, bought her a bikini. Sometime later, Beasley testified, the Langs had her take a key from an employee of their salon who had been fired for claiming that Lang had been peeping on people in the salon. Beasley took the key and offered to return it to Beverly Lang, but she declined. Robert Lang then called Beasley and told her he was going to come to her apartment to get the key.

¶ 4. Beasley let Lang into her apartment. He followed her into her bedroom, and, when she turned her back to him, Lang pulled Beasley’s skirt over her head. He then grabbed her “buns” and tried to push her onto the bed. Beasley resisted, got Lang out of the bedroom, then locked herself inside. Lang became apologetic and left.

¶ 5. Because of this incident, Beasley could not continue working at the Langs’ salon. She testified that she was only able to get a few of her business supplies from the salon and that the Langs refused to let her get her household items from storage.

¶ 6. The Langs contended that Beasley’s daughter came in shortly after Beasley quit and picked up most of Beasley’s business items. . Beverly Lang testified that Beasley’s only remaining business items were concrete plant stands, which Beasley had refused to come get. Beverly also testified that Beasley was offered several opportunities to get her personal items. The Langs’ theory of the ease was that Beasley was a “gold digger” who was upset when Robert Lang spurned her advances.

¶ 7. Ultimately Beasley was awarded $103,000 in compensatory damages against Robert Lang and $35,000 in damages for conversion for which the Langs were joint *595 ly and severally liable. The jury also awarded punitive damages in the amount of $200,000 against Robert and $45,000 against Beverly. The Langs appeal from that judgment.

DISCUSSION

1. Sufficiency of the Evidence — Compensatory Damages

¶ 8. The Langs challenge the sufficiency of the evidence supporting the jury’s award of damages for conversion. The standard of review for the denial of a motion for [judgment notwithstanding the verdict] is de novo. Brothers v. Winstead, 129 So.3d 906, 914 (¶ 17) (Miss.2014). “A motion for JNOV is a challenge to the legal sufficiency of the evidence, and this Court will affirm the denial of a JNOV if there is substantial evidence to support the verdict.” Adcock v. Miss. Transp. Comm’n, 981 So.2d 942, 948 (¶ 25) (Miss. 2008). “Substantial evidence is information of such quality and weight that reasonable and fair-minded jurors in the exercise of impartial judgment might have reached different conclusions.” Brothers, 129 So.3d at 915 (¶ 18) (citations omitted).

¶ 9. The Langs first contend that Beasley did not put on any evidence of ownership. “[Ojwnership is an essential element of conversion.” Cmty. Bank, Ellisville, Miss. v. Courtney, 884 So.2d 767, 772 (¶ 10) (Miss.2004). At trial, Beasley provided itemized lists of personal and business property she claimed had been converted by the Langs. She testified that the items on the list were hers. The Langs did not seriously contest ownership; Beverly Lang testified that Beasley’s personal items were not at the storage unit and that her business items had been picked up by her daughter. We conclude that Beasley’s testimony was sufficient to support the ownership element of conversion.

¶ 10. The Langs also contend that Beasley did not put on sufficient evidence of the value of the converted property. “[A] party may testify as to the value of his or her own property.” Courtney, 884 So.2d at 774 (¶ 23). The Mississippi Supreme Court has “not indicated whether this estimate of value must be ratidnally based. Nor [has it] required any predicate other than that of ownership.” Regency Nissan, Inc. v. Jenkins, 678 So.2d 95, 101 (Miss.1995). “As to whether the owner’s opinion is accurate, that is a matter for cross-examination and goes merely to the weight and not to admissibility.” Meredith v. Hardy, 554 F.2d 764, 765 (5th Cir.1977).

¶ 11. In a conversion case, the measure of damages is the value of the property at the time and place of the conversion. West v. Combs, 642 So.2d 917, 921 (Miss.1994). Beasley testified at trial as to the amount she paid for her personal and business items, as well as her opinion of the fair market value of the items when the items were converted. Beasley also provided the same information in itemized lists, and she was cross-examined concerning her valuations. She noted in her testimony that the only receipts she might have possessed would have been with the items that the Langs converted. Under Mississippi law, Beasley’s testimony, subject to cross-examination, was sufficient evidence of the fair market value of the converted property.

2. Punitive Damages

¶ 12. The Langs present three distinct challenges to the awards of punitive damages against them. We shall address them in a more logical order than presented.

*596 ¶ 13. First, the Langs contend that the trial court erred in sanctioning Beverly Lang for a discovery violation by disallowing her from testifying to her net worth. They argue that Beasley withdrew her motion to compel the discovery and thus that the motion to compel was abandoned. But even if we accept that argument, the Langs fail to complete it; they make no effort to show that the motion to compel had to be granted in order to sustain the trial court’s sanction. Failure to completely brief this argument amounts to a waiver. See Jefferson v. State, 138 So.3d 263, 265 (¶ 8) (Miss.Ct.App.2014).

¶ 14. Next, the Langs contend that the trial court erred by not conducting a separate evidentiary hearing on punitive damages. See Miss.Code Ann. § 11—1— 65(l)(c)-(d) (Supp.2013). However, the record reflects that the trial court offered both parties the opportunity to present evidence.

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159 So. 3d 593, 2014 Miss. App. LEXIS 491, 2014 WL 4413219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-lang-v-teresa-beasley-missctapp-2014.