Bud Wolf Chevrolet, Inc. v. Robertson, 49S02-8802-CV-202

Citation519 N.E.2d 135
Decision Date05 February 1988
Docket NumberNo. 49S02-8802-CV-202,49S02-8802-CV-202
PartiesBUD WOLF CHEVROLET, INC., Appellant (Defendant Below), v. George and Patsy ROBERTSON, Appellees (Plaintiffs Below).
CourtSupreme Court of Indiana

DICKSON, Justice.

Plaintiffs-appellees George and Patsy Robertson (Robertsons) were awarded $3,500.00 in compensatory damages and $75,000.00 in punitive damages in the jury trial of their claims arising from their purchase of a Chevrolet truck from defendant-appellant Bud Wolf Chevrolet, Inc. (Bud Wolf). Upon appeal to the Court of Appeals, the compensatory damage award was affirmed and punitive damages, initially reversed, were reinstated upon rehearing. Bud Wolf Chevrolet, Inc. v. Robertson (1986), Ind.App., 496 N.E.2d 771, modified on reh., (1987), Ind.App., 508 N.E.2d 567.

Among contentions presented by Bud Wolf in seeking transfer is the argument that the rehearing opinion of the Court of Appeals conflicts with Martin Chevrolet Sales, Inc. v. Dover (1986), Ind.App., 501 N.E.2d 1122. This inconsistency is expressly recognized in the Court of Appeals' opinion on rehearing. We grant transfer to address this conflict and provide clarification. Pursuant to Appellate Rule 11(B)(3) we affirm, adopt, and incorporate by reference the Court of Appeals' opinion herein except that portion discussing punitive damages, upon which issue we vacate the decision of the Court of Appeals and affirm the trial court.

Bud Wolf contends that the award of punitive damages is excessive and contrary to law. The evidence most favorable to the judgment discloses that on January 31, 1978, Robertsons purchased a 1978 Chevrolet truck from Bud Wolf for $10,548.75. Robertsons were told that the truck was a "new" truck with 850 miles on it because a salesman had driven it back and forth to work during the month. The Robertsons were not told that prior to the sale, the truck had been struck by another vehicle engaged in clearing the snow from the Bud Wolf lot, resulting in repairs including a replacement hood and windshield and application of great quantities of plastic filler under the truck's right side. The frame cross rail was bent and a quantity of "shims" was found to have been installed under the cab mount to realign the truck, which Robertsons alleged was a result of the pre-sale collision repair.

The Court of Appeals initially reversed the award of punitive damages because it found the evidence was insufficient to "permit a conclusion of malice," and that the "determinative issue was whether quasi-criminal malice has been proved." 496 N.E.2d at 777. On rehearing, this view of malice as a prerequisite to punitive damages was not revised, but the punitive damages were found to be in accord with jury instructions given without objection. We find such malice requirement to be inconsistent with a correct application of Orkin Exterminating Co., Inc. v. Traina (1986), Ind., 486 N.E.2d 1019 and Travelers Indemnity Co. v. Armstrong (1982), Ind., 442 N.E.2d 349.

The sole issue presented in Traina, an action arising in tort, was whether the evidence was sufficient to sustain punitive damages. Expressly conceding that punitive damages may be awarded upon a showing of willful and wanton misconduct, even absent malice, ill will or intent to injure, this Court declared that to affirm an award of punitive damages, the reviewing court must find that under the circumstances known, the defendant "subjected other persons to probable injury, with an awareness of such impending danger and with heedless indifference of the consequences." Traina, 486 N.E.2d at 1023. Traina also extended to tort cases the "clear and convincing" rule which had been established in Travelers.

Cases recognizing that punitive damages may be awarded in contract actions are in substantial accord as to the obduracy required for such an award. In Vernon Fire & Casualty Ins. Co v. Sharp (1976), 264 Ind. 599, 608, 349 N.E.2d 173, 180, we recognized that punitive damages could be upheld in contract actions, "when it appears from the evidence as a whole that a serious wrong, tortious in nature, has been committed * * *," and "that the public interest will be served by the deterrent effect punitive damages will have upon future conduct of the wrongdoer and parties similarly situated." In Hibschman Pontiac, Inc. v. Batchelor (1977), 266 Ind. 310, 315, 362 N.E.2d 845, 848, we permitted an award of punitive damages upon sufficient proof of "elements of fraud, malice, gross negligence or oppression mingled into the breach of warranty." We subsequently acknowledged that punitive damages may be awarded in contract actions "whenever the elements of fraud, malice, gross negligence or oppression mingle in the controversy, and it can be shown that the public interest will be served by the deterrent effect of the punitive damages." ...

To continue reading

Request your trial
108 cases
  • 82 Hawai'i 1, Iddings v. Mee-Lee, MEE-LE
    • United States
    • Supreme Court of Hawai'i
    • June 20, 1996
    ......, and citation omitted.) (Emphasis added.)); Amfac, Inc. v. Waikiki Beachcomber Inv. Co., 74 Haw. 85, 139 n. 23, ...242, 245-46, 630 P.2d 1077, 1081 (1981); Bud Wolf Chevrolet, Inc. v. Robertson,, . Page 276 . [82 Hawai'i ......
  • Tauese v. State, Dlir, s. 26389, 26899.
    • United States
    • Supreme Court of Hawai'i
    • November 20, 2006
    ...780 P.2d 566, 574-75 (1989) (citing Welton v. Gallagher, 2 Haw.App. 242, 245-46, 630 P.2d 1077, 1081 (1981); Bud Wolf Chevrolet, Inc. v. Robertson, 519 N.E.2d 135, 138 (Ind.1988); E. Cleary, McCormick on Evidence, § 340, at 959-60 (3d ed.1984)); also Coyle v. Compton, 85 Hawai`i 197, 940 P.......
  • Cincinnati Ins. Co. v. Wills, 79S00-9808-CV-458.
    • United States
    • Supreme Court of Indiana
    • October 6, 1999
    ...only act through its agents and that the acts of a corporation's agents are the acts of the corporation. See Bud Wolf Chevrolet, Inc. v. Robertson, 519 N.E.2d 135, 137 (Ind. 1988) ("Actions of employees and agents of corporation, when done in the scope of their employment, are attributable ......
  • Journal-Gazette Co. v. Bandido's, Inc.
    • United States
    • Supreme Court of Indiana
    • June 23, 1999
    ...credibility, a reasonable trier of fact could find such damages proven by clear and convincing evidence." Bud Wolf Chevrolet, Inc. v. Robertson, 519 N.E.2d 135, 137 (Ind.1988). Indiana courts should not heighten appellate scrutiny of jury verdicts by using the federal standard of independen......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT