Wagoner v. Bennett

1991 OK 70, 814 P.2d 476, 62 O.B.A.J. 2173, 1991 Okla. LEXIS 80, 1991 WL 120725
CourtSupreme Court of Oklahoma
DecidedJuly 9, 1991
Docket76081
StatusPublished
Cited by47 cases

This text of 1991 OK 70 (Wagoner v. Bennett) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wagoner v. Bennett, 1991 OK 70, 814 P.2d 476, 62 O.B.A.J. 2173, 1991 Okla. LEXIS 80, 1991 WL 120725 (Okla. 1991).

Opinions

SUMMERS, Justice:

Plaintiff sued her residential landlord for actual and punitive damages, claiming (1) that she was wrongfully evicted, and (2) that he took, lost, and damaged her personal property. Defendant moved to strike the plaintiff’s claim for punitive damages, arguing that statutory remedies were exclusive. The trial court declined to strike the prayer, but certified the issue for interlocutory review under 12 O.S.1981 § 952(b)(3). The proceedings have been stayed pending our decision.

We have granted certiorari and conclude that the issue as certified and briefed fairly consists of three questions: First, may a residential tenant in an action for wrongful eviction recover punitive damages in addition to the damages allowed by statute? Second, in the event she cannot, may she elect, at her option, whether to sue under the Oklahoma Residential Landlord and Tenant Act or at common law? Third, may she pursue a common law cause of action for conversion of, or damage to, her personal property in addition to the statutory claim for wrongful eviction? We answer the first two questions in the negative, and the third in the positive.

I. WRONGFUL EVICTION

Plaintiff Wagoner brought suit in August, 1989, for damages claimed due for additional rent and utilities, emotional and mental duress,1 plus punitive damages for [478]*478the defendant’s wilful and unlawful acts. We have not before addressed the issue of whether punitive damages may be awarded for wrongful eviction along with double damages under the Oklahoma Residential Landlord and Tenant Act, 41 O.S.1981 § 101 et seq. Section 123 of that Act limits damage in wrongful eviction cases to “an amount not more than twice the average monthly rental, or twice [the] actual damages, whichever is greater.” Defendant Bennett urges that recovery of both punitive and statutory double damages is prohibited under the general rule which disallows “double recovery” for a single inury. John Mohr & Sons, Inc. v. Jahnke, 55 Wis.2d 402,198 N.W.2d 363, 368 (1972); see generally Annot., 40 A.L.R.4th 11, 51-55 (1985).

To resolve this question, we focus on the question of whether the double damages allowed under Section 123 are penal (or punitive) in nature. Punitive damages are those damages which are given because of the wanton, reckless, malicious, or oppressive character of the acts of the defendant. Hamilton v. Amwar Petroleum Co., Inc., 769 P.2d 146, 149 (Okla.1989); Slocum v. Phillips Petroleum Co., 678 P.2d 716, 719 (Okla.1983); In re Smith, 211 Kan. 397, 507 P.2d 189, 193 (1973). They are meant to punish the wrongdoers and to act as a deterrent to others. Hamilton, 769 P.2d at 149.

Such damages are allowed not because of any special merit in the injured party’s case, but are imposed by way of punishing the wrongdoer for malicious, vindictive or a willful and wanton invasion of the injured party’s rights, the purpose being to restrain and deter others from the commission of like wrongs. (Citations omitted) Smith, 507 P.2d at 194.

We note that several other jurisdictions have addressed similar questions regarding double recovery. For example, a Pennsylvania Court held that punitive damages could not be awarded because the statutes governing the landlord and tenant relationship provided for double damages. His World, Inc. v. Cleto M., Inc., 250 Pa.Super. 293, 378 A.2d 943 (1977). There, the landlord entered into the leased premises and sold the personal property even though the rent was not in arrears. The landlord claimed that the premises had been abandoned. The tenants disagreed, stating that they intended to remodel the leased space, and to continue to pay rent. The court held that there was no basis for allowing the recovery of both punitive damages and statutory double damages because the statutory damages were punitive in nature.

The Arkansas Supreme Court addressed a similar question in Stoner v. Houston, 265 Ark. 928, 582 S.W.2d 28 (1979). The plaintiff brought suit under a statute governing timber damage, seeking both actual and punitive damages. The statute allowed for treble damages. The jury awarded actual and punitive damages. The trial court then tripled the actual damages, relying on the language of the statute. On appeal, the Arkansas Supreme Court noted that the treble damages were punitive in nature, and refused to award both, finding that this would allow for a double punitive recovery. Id. 582 S.W.2d at 30-31; see also Bill Terry’s, Inc. v. Atlantic Motor Sales, 409 So.2d 507 (Fla. App.1982). The court determined, however, that the plaintiffs could elect the remedy they wanted to pursue.

In John Mohr & Sons, Inc. v. Jahnke, 55 Wis.2d 402, 198 N.W.2d 363 (1972), the Wisconsin Supreme Court considered a “restraint of trade” statute which provided for treble damages. The court found that a person could not recover damages both under the statute and at common law because “when a statute creates a cause of action and provides the remedy, the remedy is exclusive.” Id. 198 N.W.2d at 368. As such, allowing punitive damages in addition to the treble damages provided by statute was held inconsistent as allowing double recovery for a single injury. Only those damages provided by the statute, it being punitive in nature, would be allowed. Id. at 369.

Following the reasoning of Mohr, the Iowa Supreme Court agreed that both punitive damages and treble damages under a trespass statute were not recoverable. [479]*479Johnson v. Tyler, 277 N.W.2d 617, 619 (Iowa 1979). The court stated that by-bringing the suit under the statute the plaintiff had elected to pursue statutory damages, and that those damages were themselves punitive in nature. Id. at 618.

In Eastern Star, Inc. v. Union Bldg. Materials, 6 Haw.App. 125, 712 P.2d 1148 (1985), the plaintiff prayed for punitive damages as well as treble damages under a “deceptive trade practices” statute. The appellate court followed the Mohr decision, reasoning that an award of both treble damages and punitive damages for the same act constituted improper double recovery. Id. 712 P.2d at 1159. It held that the proper amount of recovery is either treble damages or punitive damages, whichever is the greatest.

Wagoner cites Ramirez v. Baran, 730 P.2d 515 (Okla.1986) for the proposition that both types of damages are recoverable. In Ramirez, the plaintiffs leased from the defendant a commercial building in which they operated a restaurant. Following negotiations on a new lease, defendant instructed that the lease had to be returned to her by 5:00 p.m. Plaintiffs attempted to return the signed lease but could not find the defendant. The following morning defendant locked ■ the plaintiffs out of the building and they were not allowed to reenter for over three weeks. Plaintiffs brought an action for wrongful eviction and conversion, asking for punitive damages. We held that punitive damages were properly allowed.

We find Ramirez to be inapplicable to our present case. Ramirez involved commercial property rather than residential property, and thus did not fall under the ORLTA.

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Bluebook (online)
1991 OK 70, 814 P.2d 476, 62 O.B.A.J. 2173, 1991 Okla. LEXIS 80, 1991 WL 120725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagoner-v-bennett-okla-1991.