Shoen v. Shoen, 1

Decision Date24 July 1997
Docket NumberCA-CV,No. 1,1
Citation952 P.2d 302,191 Ariz. 64
Parties, 248 Ariz. Adv. Rep. 45 Samuel W. SHOEN, M.D.; Mary Anna Shoen-Eaton; Cecilia M. Shoen-Hanlon; Katrina M. Shoen-Carlson; Theresa Shoen-Romero; Michael L. Shoen; Leonard S. Shoen; and the following Arizona corporations: Samwill, Inc.; Cermar, Inc.; Kattydid, Inc.; Thermar, Inc.; Mickl, Inc.; Marin, Inc.; and L.S.S., Inc., Plaintiffs-Appellees, Cross Appellants, v. Edward J. SHOEN, Defendant-Appellant, Cross Appellee. 95-0199.
CourtArizona Court of Appeals
OPINION

WEISBERG, Judge.

This appeal is the latest chapter in the long-standing litigation among members of the Shoen family over control of AMERCO, the parent company of U-Haul. Plaintiffs were shareholders who sued Edward "Joe" Shoen ("Joe") and other members of AMERCO's board of directors (collectively, "defendants") regarding conduct in 1988 that deprived plaintiffs of majority ownership. After a seven-week trial, a jury awarded plaintiffs $1.47 billion in compensatory damages against all defendants and $70 million in punitive damages against only Joe. The trial court, however, granted defendants' and Joe's motions for remittitur, reducing compensatory damages to $461 million, upon tender of plaintiffs' stock, and punitive damages to $7 million.

This appeal concerns only the award of punitive damages. Joe appeals the trial court's denial of his motion for judgment notwithstanding the verdict ("JNOV") or new trial, and plaintiffs cross-appeal the trial court's grant of remittitur.

In a separate memorandum decision, we affirmed the trial court's denial of Joe's motion for JNOV and grant of remittitur. Shoen v. Shoen, 1 CA-CV 95-0199, (filed concurrently with this opinion). We have decided, however, to separately address the issue of the appropriate standard of review for the denial of a motion for JNOV.

The parties dispute the standard of review for the denial of a motion for JNOV. Citing Nelson v. Phoenix Resort Corp., 181 Ariz. 188, 191, 888 P.2d 1375, 1378 (App.1994), plaintiffs argue that we review such a ruling for an abuse of discretion. Nelson does, in fact, support this argument: "We review denials of motions for [JNOV] and for new trial on an abuse of discretion standard." Id. Joe contends, however, that the court in Nelson was incorrect, and points out that the case upon which Nelson relies, to support an abuse-of-discretion standard, Mammo v. State, 138 Ariz. 528, 533-34, 675 P.2d 1347, 1352-53 (App.1983), deals only with the denial of a motion for new trial, not JNOV.

When reviewing denials of both a motion for directed verdict and a motion for JNOV, we view the evidence and all reasonable inferences therefrom in...

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  • Acuna v. Kroack
    • United States
    • Court of Appeals of Arizona
    • 27 Gennaio 2006
    ...State ex rel. Miller v. Wells Fargo Bank of Ariz., N.A., 194 Ariz. 126, ¶ 12, 978 P.2d 103, 106 (App.1998); Shoen v. Shoen, 191 Ariz. 64, 65, 952 P.2d 302, 303 (App. 1997). Similarly, our supreme court has "review[ed] the trial court's grant of a directed verdict de novo." Gemstar Ltd. v. E......
  • Dawson v. Withycombe
    • United States
    • Court of Appeals of Arizona
    • 24 Luglio 2007
    ...We review de novo a court's ruling on a motion for directed verdict and a motion for judgment as a matter of law. Shoen v. Shoen, 191 Ariz. 64, 65, 952 P.2d 302, 303 (App.1997). At the same time, we view the evidence and all reasonable inferences drawn from the evidence in a light most favo......
  • Adams v. Estrada
    • United States
    • Court of Appeals of Arizona
    • 23 Gennaio 2014
    ...in support of a claim have so little probative value that reasonable people could not find for the claimant." Shoen v. Shoen, 191 Ariz. 64, 65, 952 P.2d 302, 303 (App. 1997).¶6 The tort of malicious prosecution1 requires that the plaintiff establish the defendant, as complaining witness, in......
  • Acuna v. Kroack, 2 CA-CV 2005-0049.
    • United States
    • Supreme Court of Arizona
    • 6 Ottobre 2005
    ...State ex rel. Miller v. Wells Fargo Bank of Ariz., N.A., 194 Ariz. 126, ¶ 12, 978 P.2d 103, 106 (App.1998); Shoen v. Shoen, 191 Ariz. 64, 65, 952 P.2d 302, 303 (App.1997). Similarly, our supreme court has "review[ed] the trial court's grant of a directed verdict de novo." Gemstar Ltd. v. Er......
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