Savage v. LaGrange

815 So. 2d 485, 2002 WL 798628
CourtCourt of Appeals of Mississippi
DecidedApril 30, 2002
Docket2000-CA-00146-COA
StatusPublished
Cited by9 cases

This text of 815 So. 2d 485 (Savage v. LaGrange) 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
Savage v. LaGrange, 815 So. 2d 485, 2002 WL 798628 (Mich. Ct. App. 2002).

Opinion

815 So.2d 485 (2002)

Curtis S. SAVAGE and Monti B. Savage, Appellants,
v.
David M. LaGRANGE and Douglas Gref, Appellees.

No. 2000-CA-00146-COA.

Court of Appeals of Mississippi.

April 30, 2002.

*488 Nick B. Roberts, Jr., Richard J. Smith, Gulfport, attorneys for appellants.

Carter O. Bise, Gulfport, attorney for appellees.

EN BANC.

ON MOTION FOR REHEARING

McMILLIN, C.J., for the court.

¶ 1. The motion for rehearing is denied. The original opinion of this Court is withdrawn and the following opinion is substituted therefor.

¶ 2. This case is before the Court on appeal from a judgment for actual and punitive damages rendered in a bench trial in Harrison County Circuit Court.

I.

Factual Background

¶ 3. Douglas Gref and David LaGrange brought suit against Monti B. Savage and his father, Curtis S. Savage, for personal injuries and property damage arising out of a motor vehicle accident in Harrison County. Gref and LaGrange were occupants of a vehicle that was struck by another vehicle driven by Monti Savage. The evidence showed that Savage was, in all likelihood, intoxicated at the time of the accident. Besides the first impact, Savage was said to have inflicted additional injuries on Gref when Gref attempted to remove the ignition keys from Savage's vehicle but, instead, was thrown to the pavement when Savage purposely drove away in an attempt to flee the area.

¶ 4. Gref and LaGrange sought to make Monti Savage's father, Curtis Savage, jointly liable for their damages on the theory of negligent entrustment. The vehicle driven by Monti Savage was, at the time of the accident, titled in Curtis Savage's name and its purchase was financed by a loan in the father's name. In addition *489 to this proof, Gref and LaGrange presented evidence that Monti Savage had a history of hospitalizations for substance abuse, had a number of prior convictions for alcohol-related driving offenses, and that his driver's license was suspended at the time of the accident.

¶ 5. Based on this evidence, the trial court concluded that Monti Savage was negligent in causing the accident. The court further concluded that his actions, in view of his prior history, constituted gross negligence within the meaning of Section 11-1-65 of the Mississippi Code, thereby establishing the propriety of assessing punitive as well as actual damages against him. See Miss.Code Ann. § 11-1-65 (Rev. 1991). Additionally, the court held that the actions of Curtis Savage, in facilitating Monti Savage's ability to procure and operate a motor vehicle with knowledge of his condition, met the test for negligent entrustment. For essentially the same reasons that Monti Savage's behavior was deemed grossly negligent, the court concluded that Curtis Savage's actions that made Monti Savage's conduct possible, were sufficiently egregious to warrant the imposition of punitive damages. The court awarded judgment in favor of LaGrange in the amount of $25,000 actual and $25,000 punitive damages. The actual damages amounted to $20,000 for LaGrange's personal injuries and $5,000 for damage to his vehicle. Gref was awarded $8,000 in damages for his personal injuries and $25,000 in punitive damages. The judgments in favor of both these plaintiffs were ordered to be the joint and several obligations of both Monti Savage and Curtis Savage.

¶ 6. Both Savages have appealed the judgments entered against them. Both contend that the court erred in assessing punitive damages. They both also contend that the actual damages awarded were excessive and not supported by competent evidence. Curtis Savage also raises a third issue in which he contends that the evidence was insufficient to establish his liability under the theory of negligent entrustment.

¶ 7. Finding no error in the assessment of liability or in the court's decision to assess punitive damages, we nevertheless find that the actual damages awarded for personal injuries were excessive. We, therefore, affirm the property damage award, but reverse and remand for a new trial on personal damages concluding that a suitable amount of punitive damages depends, to some degree, on the extent of actual damages, we also reverse and remand for further appropriate proceedings to assess punitive damages.

II.

Punitive Damages

¶ 8. The Mississippi Legislature has, by legislative enactment, placed certain preconditions on the award of punitive damages. There must be, first of all, a determination that the party seeking to impose such damages has shown that the defendant acted "with actual malice, [or] gross negligence which evidences a willful, wanton or reckless disregard for the safety of others." Miss.Code Ann. § 11-1-65(1)(a) (Rev.1991). This Court harbors little doubt that the act of operating a motor vehicle on a public street while under the influence of intoxicants to the extent that the operator's physical abilities are substantially impaired demonstrates clearly and convincingly the kind of gross negligence contemplated in the statute. See Planters Wholesale Grocery v. Kincade, 210 Miss. 712, 723, 50 So.2d 578, 584 (1951). Thus, we affirm the trial court's determination that punitive damages against Monti Savage were appropriate.

*490 ¶ 9. By the same token, we are satisfied that one who knowingly facilitates another person's ability to engage in such reckless behavior by entrusting to that person the instrumentality that causes the damage under circumstances where the actor's propensities are or should be understood has likewise shown a reckless disregard for the safety of others. This conclusion is, of course, reached in advance of the separate issue raised by Curtis Savage that a case of negligent entrustment, no matter the magnitude of the alleged negligence, was not made out by the evidence. That matter remains to be resolved subsequently in this opinion. At this time we only dispose of the issue of whether, if the determination of negligent entrustment against Curtis Savage is affirmed, there is at least the legal possibility that it can support an assessment of punitive damages. We hold that it can.

III.

The Assessment of Actual Damages

A.

Property Damage

¶ 10. As to the property damage claim, the trial court heard only evidence from LaGrange, who was the owner of the vehicle damaged in the accident. He offered his opinion that the vehicle had a fair value of $6,500 in its pre-accident condition. He further testified that, after the accident, he performed some repairs on the vehicle himself and then sold it for $1,500. The circuit judge concluded that this evidence was sufficient to support a property damage award to LaGrange of $5,000. We do not find that to be reversible error. Mississippi case law has recognized that a person is competent to offer an opinion as to the fair value of his own property. Thomas v. Global Boat Builders & Repairmen, Inc., 482 So.2d 1112, 1116 (Miss.1986). In this case, there was also some evidence that LaGrange actually engaged in the business of repairing and selling wrecked vehicles, and that the vehicle he was driving at the time of the accident was one such vehicle.

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815 So. 2d 485, 2002 WL 798628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savage-v-lagrange-missctapp-2002.