Broadacre Trailer Lodge, Inc. v. Johnson
| Decision Date | 31 August 1982 |
| Docket Number | No. 1-482A77,1-482A77 |
| Citation | 439 N.E.2d 684 |
| Parties | BROADACRE TRAILER LODGE, INC., Defendant-Appellant, v. Delbert JOHNSON, Thelma Johnson, Ruth Milam, Elvis Milam, and Kelly Milam, Plaintiffs-Appellees. |
| Court | Indiana Appellate Court |
Nelson G. Grills, Indianapolis, William Wolf, Wolf, Robak & Murphy, Greenfield, for defendant-appellant.
Robert S. Rifkin, Maurer & Rifkin, Indianapolis, for plaintiffs-appellees.
Defendant-appellant Broadacre Trailer Lodge, Inc. (Broadacre) appeals adverse judgments for punitive damages in favor of Thelma Johnson, Elvis Milam, Ruth Milam, and Kelly Milam, after a trial by jury in the Hancock Circuit Court.
We reverse.
Delbert and Thelma Johnson, husband and wife, owned a vacant mobile home located on a lot rented from Broadacre. With Broadacre's permission the Johnson sublet the lot temporarily to Elvis and Ruth Milam, husband and wife, and their seven year old son, Kelly, while Ruth Milam sought medical treatment in Indianapolis. All of the above persons commenced this action against Broadacre for wrongful eviction, alleging that Broadacre disconnected all utilities which serviced the trailer. After a trial the jury returned verdicts for the Johnsons and Milams and awarded damages as follows:
Compensatory Punitive
------------ --------
Delbert Johnson $1,500. - 0-
Thelma Johnson -0- $1,000
Elvis Milam -0- 10,000
Ruth Milam -0- 10,000
Kelly Milam -0- 10,000
Separate verdicts were returned for each plaintiff, but the verdict forms were all identical and read as follows:
"We, the Jury, find for the Plaintiff, ________________, and against the defendant, Broadacre Trailer Lodge, Inc., and access [sic] compensatory damages in the amount of $__________, and punitive damages in the amount of $__________."
In each verdict the name of the plaintiff and the amounts of the respective awards, as indicated above, were set forth in the appropriate blanks.
ISSUE
The sole question, pointedly stated and narrowly argued, on this appeal is whether the awards of punitive damages can stand where there is an express finding of no actual damages.
DISCUSSION AND DECISION
In Newton v. Yates, (1976) 170 Ind.App. 486, 353 N.E.2d 485, this court stated:
Id. 170 Ind.App. at 495, 353 N.E.2d 485.
The ruling in Newton, supra, was followed in Large v. Gregory, (1981) Ind.App., 417 N.E.2d 1160; and McCormick Piano & Organ Co., Inc. v. Geiger, (1980) Ind.App., 412 N.E.2d 842. Other punitive damages cases and the instruction given in the case at bar state that if the elements of actual damages are found to exist, then an additional amount may be awarded as punitive damages. See Art Hill Ford, Inc. v. Callender, (1981) Ind., 423 N.E.2d 601; Indianapolis Bleaching Company v. McMillan, (1916) 64 Ind.App. 268, 113 N.E. 1019. 25 C.J.S. Damages Sec. 118 states that:
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