United Services Automobile Ass'n v. Hobbs

858 So. 2d 966, 2003 Ala. Civ. App. LEXIS 204, 2003 WL 1589417
CourtCourt of Civil Appeals of Alabama
DecidedMarch 28, 2003
Docket2010780
StatusPublished
Cited by5 cases

This text of 858 So. 2d 966 (United Services Automobile Ass'n v. Hobbs) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Services Automobile Ass'n v. Hobbs, 858 So. 2d 966, 2003 Ala. Civ. App. LEXIS 204, 2003 WL 1589417 (Ala. Ct. App. 2003).

Opinions

YATES, Presiding Judge.

John V. Hobbs sued United Services Automobile Association (“USAA”)on November 3, 1999, alleging a breach of contract, fraud, bad-faith denial of an insurance claim, and the tort of outrage. Hobbs sought to recover both compensatory and punitive damages. USAA answered on December 6, 1999, denying the allegations contained in the complaint and affirmatively alleging that Hobbs had failed to cooperate and had misrepresented certain material facts during the course of its investigation of his claim.

The case proceeded to trial before a jury on October 31, 2001. At the close of Hobbs’s case, USAA moved the court for a preverdict judgment as a matter of law (“JML”)(formerly a motion for a directed verdict) as to the counts of the complaint alleging breach of contract, fraud, and bad-faith refusal to pay an insurance claim.1 The trial court denied the preverdict JML as to the breach-of-contract and bad-faith counts and granted it as to the fraud count.

At the close of all the evidence, USAA renewed its motion for a JML as to the count alleging bad-faith refusal to pay an insurance claim; USAA did not renew its motion for a JML as to the breach-of-contract count, conceding that a jury question existed as to that count. The trial court denied the motion and submitted the case to the jury. On November 7, 2001, the jury returned a verdict in favor of Hobbs on the counts alleging breach of contract and bad-faith refusal to pay and awarded him $65,000 in compensatory damages and $15,000 in punitive damages. The trial court entered a judgment on the verdict on that same day. USAA moved the court for a postverdict JML or, in the alternative, for a new trial; that motion was denied by operation of law. USAA appeals.

Hobbs was a first sergeant in the United States Army and was stationed in Germany with his wife, Myong2 and their two children. Hobbs’s mother became ill, and he requested that his foreign-service tour be terminated early. Hobbs’s request was granted and he was transferred to Fort Rucker in Enterprise. Hobbs testified that before he was transferred, he purchased a number of expensive antiques and collectibles as an investment for his children. Hobbs stated that those items were purchased in January and February 1998.

Hobbs testified that the Army coordinates and handles through its transportation office every aspect of a soldier’s move. He stated that the company chosen by the Army to move a soldier does a pre-move inspection and all of the packing and boxing of the soldier’s property. The property is packed in boxes that are sealed and numbered. The boxes are then packed into larger wooden crates, and larger items, such as furniture, are numbered and placed directly into the crates. The crates are then caulked and nailed shut. A numbered metal or plastic seal is placed on the crate and the crate is then banded with a large metal band. The metal bands must be cut with shears in order to remove them. Hobbs testified that the soldier is not allowed to participate in the packing process. Hobbs further stated that a representative of the moving company inventories on controlled documents all of the property.

The company chosen by the Army to pack and move Hobbs’s property from Germany to the United States was Vikto-ria Erbes G.m.b.H (“Erbes”). Inventory documents generated by Erbes indicate that it packed and inventoried Hobbs’s property on Friday, March 27, on Monday, March 30, and on Tuesday, March 31, [969]*9691998. Hobbs testified that he was present the entire time Erbes was packing his property. An inventory list generated by Erbes indicates that 493 boxes and/or large items were removed from Hobbs’s apartment. The inventory list indicates that box no. 286 contained “Austrian porcelain — crystal—150 CDS” and that box no. 372 contained “china — silverware— crystal.” The 493 boxes and/or large items were packed into 18 crates. Erbes generated an inventory document that contained the crate numbers with their corresponding seal numbers. Hobbs noted the following on this document: “Crates were nailed shut. Tops of crates appeared old and some were loose. I did not verify seals on each container as it is specified.”

Erbes also generated an inventory form entitled “High Risk Items Addendum to Inventory.” Listed on this document are a number of items owned by Hobbs the value of which is high, such as computer, stereo, and television equipment. Hobbs noted the following on the high risk addendum: “China, crystal, antique collections, and silverware not noted on all inventory items due to large quantity. I will note these on the back of the loss prevention work sheet.” Hobbs testified that he listed with specificity on the back of the loss-prevention worksheet certain pieces of expensive china, silver, and antique collectibles. The record contains a photocopy of the front of the loss prevention worksheet; however, it does not contain a copy of the reverse side of that document. Hobbs testified that he attempted to obtain a copy of the reverse side of the loss prevention worksheet from Erbes, but was unable to do so because the company had declared bankruptcy and was no longer in business. The high risk addendum and the loss-prevention worksheet were signed by both Hobbs and the Erbes representative.

Hobbs’s property and the inventory documents were shipped overseas and stored in a warehouse managed by Coleman America Moving Services (“Coleman”).3 Eddie Baxter, the warehouse supervisor for overseas shipments for Coleman, testified that he inspected Hobbs’s shipment and that all of the crates were present and properly sealed and banded and that none of the tops of the crates were loose. Hobbs’s property was delivered to his residence by Coleman on June 10,1998.

Hobbs testified that when his property was off-loaded he noticed that some of it was damaged and that when the doors of the moving truck opened “stuff fell out.” He stated that he did not inspect the seals on the crates before the crates were opened. Hobbs testified that he checked his property off the inventory list provided by Coleman as it was off-loaded and discovered that box no. 286 and box no. 372 were missing. Martha Foerch, a Coleman employee who delivered Hobbs’s property, testified that she posted the inventory sheets and that Hobbs checked his property as it was off-loaded. Foerch confirmed that some of Hobbs’s property was damaged and that some property was missing; however, she stated that Hobbs never indicated to her that the missing property was valuable antiques and collectibles. Hobbs testified that he and a representative from Coleman completed a form entitled “Joint Statement of Loss at Delivery” indicating, among other things, that boxes nos. 286 and 372 were missing.

Hobbs requested a reweigh certificate of his shipment, which indicated that it weighed 289 pounds less upon arriving in [970]*970the United States as it did when it left Germany. Foerch stated that such a discrepancy in weight would indicate that some of the shipment was missing. She stated that generally when property is missing from shipments that originate in Germany, the property never gets “put on the inventory sheets and the Germans will keep it.” Foerch stated that the property is generally removed from the crates before they are sealed. Baxter testified that the weight discrepancy could be attributed to differing fuel levels in the tractor-trailers when they are weighed, or one tractor-trailer could be weighed with a person on it while the other tractor-trailer was not.

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Bluebook (online)
858 So. 2d 966, 2003 Ala. Civ. App. LEXIS 204, 2003 WL 1589417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-services-automobile-assn-v-hobbs-alacivapp-2003.