Sessums v. Northtown Limousines, Inc.

664 So. 2d 164, 1995 WL 527366
CourtMississippi Supreme Court
DecidedSeptember 7, 1995
Docket91-CA-01070-SCT
StatusPublished
Cited by17 cases

This text of 664 So. 2d 164 (Sessums v. Northtown Limousines, Inc.) 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
Sessums v. Northtown Limousines, Inc., 664 So. 2d 164, 1995 WL 527366 (Mich. 1995).

Opinion

664 So.2d 164 (1995)

Charles SESSUMS, d/b/a Global Coaches, Ltd., and Southern Professional Vehicles, Inc.
v.
NORTHTOWN LIMOUSINES, INC., Executive Limousines, Inc., and Hugh Damien International, Inc.

No. 91-CA-01070-SCT.

Supreme Court of Mississippi.

September 7, 1995.

*165 Thomas J. Lowe, Jr., Jackson, for appellants.

Karla J. Pierce, Hubbard & Pierce, PLLC, Jackson, Dale Hubbard, Hubbard & Pierce, Jackson, Kimberly R. Lentz, Sam S. Thomas, Heidelberg & Woodliff, Jackson, for appellees.

Before DAN M. LEE, P.J., and McRAE and SMITH, JJ.

McRAE, Justice, for the Court:

In this speedometer rollback case, a jury of the Hinds County Circuit Court awarded Northtown Limousines, Inc. actual and punitive damages against Charles Sessums d/b/a Global Coaches, Ltd. and Southern Professional Vehicles, Inc. At issue was whether Sessums had rolled back the odometer on a 1981 Cadillac limousine which Northtown Limousines, Inc. purchased from him. Sessums now complains that the jury's verdict and its award of punitive damages were against the overwhelming weight of the evidence. Upon examining the record, we find a pattern of misrepresentations throughout Sessums' transactions with this vehicle, and even after litigation was initiated, so egregious as to affirm the imposition of punitive damages and attorney fees.[1]

I.

The subject of this appeal was a gold[2] 1980 Cadillac limousine with more mileage than its odometer would appear to indicate. The VIP stretch model was equipped with a bar, moon roof and color television. As the facts illustrate, the various parties were in possession of the limousine between 1986 and 1989.

Dick Hall, who moved to this country from Great Britain in the mid-1980s, was president and owner of Hugh Damien, International, Inc. and Executive Limousines, Inc., operated an executive transportation and protection service. His primary client was Jackson oilman, Dudley Hughes, who personally guaranteed Hall's loan from Trustmark National Bank on the limousine as well as another vehicle. Hall purchased the limousine in 1986 from Executive Coach Builders, Inc. in Springfield, Missouri for $16,000.00. As of May 7, 1986, the vehicle had an odometer reading of 90,586 miles. Work orders on the vehicle for service and repairs performed between May and September, 1986 at LeFleur Cadillac in Jackson indicate that the odometer reading on the vehicle during that time frame was between 90,586 and 95,972 miles. A trip ticket entered for the limousine on May 31, 1986 indicates a starting odometer reading of 91,371 miles and a closing reading of 91,436 miles. Several days later, on June 4, 1989, the limousine started the evening with a reading of 91,458 miles and ended the next morning with 91,512 miles.

In early October of 1986, Hall's accountant advised him to sell several vehicles until his company became more profitable. Since Hall was not in the business of selling limousines, he delivered the vehicle on October 16 *166 or 17, 1986, to Charles Sessums d/b/a Global Coaches, Ltd. on consignment. To the best of Hall's recollection, the limousine had an odometer reading of around 96,000 miles at that time.

The limousine remained in Sessums' possession between October 18, 1986 and May, 1987. Larry Hale, a former salesman for Sessums, recalled seeing the limousine in October after it returned from Texas where it allegedly had been repainted and reworked.[3] He testified that the odometer reading was "40-something," and that he had taken the vehicle to Clarksdale to show a potential buyer who had been informed that it had been driven less than 50,000 miles.

In May, 1987, Sessums sold the limousine to Tommy Pack for $14,1162.00 through Global Coaches. In preparation for the imminent sale, Herbert Coleman, a loan officer for Trustmark National Bank, which held the note on the vehicle, advised Hall to have the title transferred from Hugh Damien, International to Executive Limousines. On April 24, 1987, Hall signed an Application for Certificate of Title and Affidavit for Sale of Motor Vehicle, each of which show the vehicle in question as having only 47,526 miles on it. Hall testified that he did not remember seeing the mileage on either document and would not have signed them had he seen such a representation, knowing that the limousine had in excess of 90,000 miles on it. As he further stated, he had not seen the vehicle in seven months and would not have known what the exact mileage was. Hall also signed an Assignment of Title by Registered Owner form later completed by Sessums which indicated that the limousine had an odometer reading of 53,727 miles. He specifically remembers that the form was blank when he signed it.

Pack stated that the limousine had about 53,700 miles on it when he purchased it. He testified that Sessums told him during negotiations that the limousine had been owned by Dudley Hughes. Sessums then made a telephone call to someone whom he represented as Hughes, who told Pack how well the vehicle had been maintained. Sessums denies representing that the conversation was with Dudley Hughes; to the contrary, he contends that Pack talked with Hall, who was speaking on the phone in Hughes' office. Pack, however, testified that he did not, at any time, speak with anyone with a British accent.

After the lawsuit was filed, Sessums sought Pack's sworn signature on a March 5, 1990 letter he had prepared regarding the terms the sale of the limousine to Pack. In relevant part, the letter stated as follows:

... I purchased this vehicle from Mr. Dick Hall on May 8, 1987, at which time Mr. Dick Hall signed a bill of sale and an odometer statement stating that this vehicle had 53,777 miles on it. At the time of the purchase Mr. Dick Hall stated to me that these were the true and correct miles and this was a used vehicle which I assumed belonged to Mr. Dudley Hughes. Mr. Hall did not tell me any different. The bill of sale and the odometer statement were signed after a bill of sale and odometer statement had been totally and completely filled out. Mr. Hall himself, signed and assured me that these were the correct miles and the car was in good condition.
The only involvement that you, Charles L. Sessums, had on this transaction was the filling out of the paper work for me Tommy Pack the purchaser, and Mr. Dick Hall the seller, because we were not dealers. I paid Mr. Hall personally for the vehicle and you did not receive any money or enumeration [sic] in this transaction; it was handled by Mr. Hall and myself.
* * * * * *
At the time this vehicle had a little over 53,000 miles on it. I questioned Mr. Hall about the milage [sic] at that time and he told me these were the true miles and that the car had been totally refurbished at a factory... .

*167 Pack refused to sign the letter because, as he testified, he did not buy the limousine from Dick Hall, and he had neither heard of Hall nor spoken to him. Further, he had not paid Hall for the vehicle, but had written a check payable to Sessums' business, Global Coaches. He stated that Sessums told him that if he didn't sign the letter, Sessums would sue him. Sessums, in turn, denied Pack's testimony.

On May 24, 1988, Pack sold the limousine back to Sessums for approximately $10,500. Eight months later, Sessums sold the limousine to Greg Day, owner of Northtown Limousines, Inc. for $11,500. At that time, the odometer indicated a reading of 66,535 miles.

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Bluebook (online)
664 So. 2d 164, 1995 WL 527366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sessums-v-northtown-limousines-inc-miss-1995.