J. Criss Builder, Inc., et al. v. White
| Docket Number: | 2010-CA-02085-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2012 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Property damage - Additur - Section 11-1-55 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell, Russell and Fair, JJ. Dissenting Author : Carlton, J. Procedural History: Jury Trial Nature of the Case: CIVIL - PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 12-14-2010 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: GRANTED ADDITUR OF $73,701.82 Case Number: CI2003-0035 |
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| Consolidated: 2008-CT-00832-COA J. Criss Builder, Inc. and Janie Criss, Individually v. William P. White and Patricia L. White; Madison Circuit Court; LC Case #: CI-2003-0035; Ruling Date: 03/24/2008; Ruling Judge: Samac Richardson | ||
| Party Name: | Attorney Name: | |||
| Appellant: | J. Criss Builder, Inc. and Janie Criss, Individually |
PAUL E. ROGERS |
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| Appellee: | William P. White and Patricia L. White | JOHN W. CHRISTOPHER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Property damage - Additur - Section 11-1-55 |
| Summary of the Facts: | J. Criss Builder Inc. purchased a lot in Madison County. JCB was subsequently granted a building permit to erect a residence on the lot. Although JCB as a corporation did not have a residential builder’s license, Janie Criss, the sole owner of JCB, had a residential builder’s license in her individual capacity and oversaw construction of the home. JCB conveyed the lot and the completed home to Criss, individually. Shortly thereafter, JCB requested and received a final inspection of the home. Criss used the home as a personal residence during which time she applied for homestead tax exemption. Criss later sold the home to William and Patricia White. Several years after the Whites acquired the property, a crack developed in the foundation. Upon inspection of the foundation, soil testing revealed the house was built upon soil containing Yazoo clay. The Whites had the crack in the foundation repaired. They also repaired damage to the house that resulted because of the foundation work. According to expert testimony, the value of the house diminished as a result of the repairs. The Whites filed a complaint against JCB, Criss, and Bailey Engineering and Land Surveying LLC, alleging breach of warranty, negligence, and failure to disclose. Bailey was later dismissed as a party. JCB and Criss filed a motion for summary judgment which was denied. At the close of trial, the jury returned a verdict in favor of the Whites in the amount of $30,000. The Whites then filed a motion for an additur or, alternatively, a new trial on damages. The trial judge granted an additur and awarded total damages in the amount of $103,701.82. JCB and Criss appealed, and the Court of Appeals remanded the case to the trial court to reinstate the jury’s verdict or provide adequate findings to support the additur. On remand, the trial court again granted the additur. JCB and Criss appeal. |
| Summary of Opinion Analysis: | JCB and Criss argue the trial court erred by granting an additur. Pursuant to section 11-1-55, the trial court may grant an additur if the court finds that the damages are excessive or inadequate for the reason that the jury or trier of the facts was influenced by bias, prejudice, or passion, or that the damages awarded were contrary to the overwhelming weight of credible evidence. In this case, the trial judge did not merely substitute his opinion regarding damages for that of the jury. The jury failed to take into account credible evidence of compensable damages. The Whites presented testimony from a variety of experts. JCB and Criss failed to present any expert testimony or credible evidence to show the amounts were incorrect or unreasonable. Thus, the trial court did not abuse its discretion in granting an additur. |
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