Courtesy Ford Sales, Inc. v. Hendrix
Courtesy Ford Sales, Inc. v. Hendrix
Opinion
The plaintiff, Charilyn Hendrix, brought an action for fraud in connection with the sale of an automobile against the defendants, Courtesy Ford, an automobile dealership in Montgomery, Alabama, and its employee, Larry Woodard. She sought compensatory and punitive damages in the sum of $500,000. After finding that the defendants had perpetrated a fraud on the plaintiff, the jury assessed only nominal damages in the amount of $1.00 and made no award of punitive damages. Dissatisfied with the amount of the verdict, the plaintiff filed a motion for new trial on the grounds that the damages were inadequate as a matter of law. The trial court granted the plaintiff's motion for new trial, and the defendants appeal from that decision.
Two issues are presented for review here: (1) whether the trial court properly granted a new trial on the ground that the verdict went against the great weight of the evidence; and (2) whether certain oral instructions given by the trial court to the jury, which were not objected to by the plaintiff at that time, could now be reviewed by an appellate court.
In this case, the jury heard conflicting evidence on the issue of fraud. The vehicle in question, a 1984 Thunderbird, had been wrecked by its prior owner and subsequently repaired by the defendants before offering it for sale. At issue was whether this collision and resulting damage to the vehicle were disclosed to the plaintiff prior to the consummation of the sale. The jury found that the defendants intentionally misrepresented the condition of the vehicle at the time of the sale on December 17, 1984.
The plaintiff claims she suffered the following financial losses as a result of the undisclosed damaged condition of the vehicle at the time of the sale:
1. Straightening frame $ 300.00
2. Automobile tires 60.00
3. Body shop repairs 800.00
4. Value of the vehicle 8,678.10
Her claims for damages were disputed throughout the trial, both in terms of whether they were in fact suffered and, if so, whether they were caused by any act of the defendants. The facts surrounding each claim are set forth as follows:
"Q. But, as far as the exterior of that car, the sheet metal, the paint job, the left side of it, there's been no body work on this vehicle?
"A. No, sir. An '84 model? What does it need body work for?"
An expert witness characterized the repairs performed to the vehicle by Courtesy Ford before the sale to the plaintiff as workmanlike, safe, and functional.
It appears to this court that the jury exercised its prerogative as to the opinion evidence, as well as to disputed evidence on other damages claimed, and found that while a fraud was committed by the defendants, no actual damages were proved as being suffered by the plaintiff.
The defendants contend that the trial court improperly granted a motion for new trial for the plaintiff. The trial court granted the plaintiff's motion for new trial on the specific ground that the verdict of $1.00 "clearly went against the great weight of the evidence in that the damages proved by the plaintiff greatly exceeded the judgment returned in her favor."
In Jawad v. Granade,
Jawad, supra, at 477."[A]n order granting a motion for new trial on the sole ground that the verdict is against the great weight or preponderance of the evidence will be reversed for abuse of discretion where on review it is easily perceivable from the record that the jury verdict is supported by the evidence."
It is also axiomatic that a jury is entitled to award nominal damages in those cases where no causal connection can be found between the damages suffered and the duty breached. Benson v.Vick,
In any event, we must conclude that there was clearly evidence to support the verdict of the jury and that the presence of such evidence precludes the trial court from exercising such statutory or supervisory power over the verdict as to set it aside.
Since the issue presented here regarding the adequacy of the jury verdict requires reversal, we see no need to respond to the second issue presented by the defendants regarding the clarity of an unobjected-to jury charge.
We reverse and remand for a reinstatement of the jury verdict.
REVERSED AND REMANDED WITH DIRECTIONS.
BRADLEY, P.J., and HOLMES, J., concur.
Reference
- Full Case Name
- Courtesy Ford Sales, Inc. and Larry Woodard v. Charilyn D. Hendrix.
- Cited By
- 6 cases
- Status
- Published