Edwards v. Stills

• Decision Date: 21 December 1998
• Docket Number: No. 97-1168,97-1168
• Parties: Janice EDWARDS, as Guardian of Joe Edwards, Appellant, v. David STILLS and Tanya Stills, Appellees.
• Court: Arkansas Supreme Court

Page 366

984 S.W.2d 366

335 Ark. 470

Janice EDWARDS, as Guardian of Joe Edwards, Appellant, v. David STILLS and Tanya Stills, Appellees.

No. 97-1168.

Supreme Court of Arkansas.

Dec. 21, 1998.

Samuel A. Perroni, Patrick R. James, Carla Rogers Nadzam, Little Rock, for appellant.

David R. Matthews, Rogers, for appellees.

DONALD L. CORBIN, Justice.

This is a tort case. Appellant Janice Edwards, as Guardian of Joe Edwards, appeals the judgment of the Washington County Circuit Court in favor of Appellees David and Tanya Stills. The jury found that Appellant's husband, Joe Edwards, committed the torts of assault, battery, false imprisonment, and outrage against David Stills on March 17, 1995, and that his actions proximately caused Tanya Stills's loss of consortium with her husband. The Stillses were awarded $243,600 in compensatory damages and $1,500,000 in punitive damages. Appellant raises ten points on appeal. This case was certified to us from the Arkansas Court of Appeals on the basis that it is of substantial public interest and requires further development or clarification of the law; hence, our jurisdiction is pursuant to Ark. Sup.Ct. R. 1-2(d). We affirm.

The pertinent events of March 17, 1995, are not disputed. Joe Edwards requested that David Stills meet him at a warehouse to discuss legal disputes that Edwards and his two corporations were having with the City of Springdale. At approximately 9:00 a.m., Edwards and Stills drove in Edwards's truck to the city administration building and met with the city inspector and the fire chief to discuss various code compliance issues for Edwards's businesses. After the meeting, Edwards and Stills got into Edwards's truck. Edwards began to discuss other legal concerns of his businesses, as he drove the parties away from the city administration building to an open field located next to Edwards's warehouse. Edwards stopped the truck in the open field, pulled out a gun, pointed it at Stills, and stated, "We have some unfinished business." Edwards ordered Stills to put his hands on the dash of the truck and not to try anything because he would kill him. Edwards pointed the gun at Stills, cocked it, and held it cocked with his thumb while his finger was on the trigger. Edwards began to drive the truck again and said, "You need to tell me what's going on." Edwards continued to threaten to kill Stills while he drove to Edwards's house.

Once Edwards had driven to his home, he ordered Stills out of the truck, keeping the gun pointed at him, and into the house where Edwards disabled the home security system. Edwards then ordered Stills into the basement area, still pointing the gun at him. Once in the basement, Edwards took duct tape and bound Stills's hands and feet and tied him in a crouched position to a table leg. Edwards also used neck ties, belts, and ski rope to tie Stills to the table leg such that he could not move his hands, arms, or legs; Stills's hands soon became discolored from lack of circulation. Edwards then proceeded to tell Stills why he had abducted him. Edwards accused Stills of having an affair with his wife and supplying her with drugs and drug paraphernalia. Edwards also accused Stills of having stolen money ($20,000,000) from him. Despite Stills's constant assertion that he was innocent of the accusations and that Edwards was mistaken, Edwards repeatedly threatened Stills that he was going to kill him and that he would suffer an excruciatingly painful death. Edwards brandished two butcher knives before Stills and brought out of hiding a bottle of muriatic acid and threatened to put the acid on Stills's face and in his eyes. Edwards demonstrated the caustic effect of the muriatic acid on the stonework and carpet in front of Stills. Stills could see the muriatic acid smoke and sizzle as it ran down the stonework, onto the carpet. Throughout this time, Stills begged and pleaded for his life. Edwards told Stills of his intentions to bring Edwards's wife down to the basement where he would kill them both. Edwards even told Stills that he would abduct Stills's wife and make her watch him die. Edwards said that he had planned his actions and had talked to a friend about his plans. Edwards also said that he had another gun waiting for him (Edwards), and that he was not going to spend the rest of his life in a 6 X 6 cell.

At one point, Edwards went upstairs where he telephoned his wife, speaking in a calm, normal tone of voice, about having some lunch. Edwards then left the house. After hearing Edwards leave and waiting until he thought that Edwards was not immediately coming back, Stills tried to get loose from his bindings, but his arms would not budge. Eventually, Stills was able to loosen the binding securing his torso to the table and free himself from the table leg, but he still could not use his arms or legs. Stills was able to crawl up the stairs where he raised himself up and hopped to the front door. Using his tongue and nose, Stills pressed the security key pad hoping to set off the security system and alert police. Stills then opened the front door, using his mouth and teeth, and went out on the porch, fell down, and rolled down the street. Eventually a passerby stopped his car and assisted Stills in contacting the police. Shortly thereafter, the Springdale Police Department arrested Edwards.

I. Punitive Damages

For her first point for reversal, Appellant argues that the trial court erred in allowing an award of punitive damages for acts committed by Edwards while he was psychotic and delusional. Appellant asserts that Edwards was insane at the time of the incident, and thus that the award of punitive damages amounted to a deprivation of due process and constituted cruel and unusual punishment. She argues further that because the award of punitive damages was improper, it was error to allow Appellees to present evidence of the Edwardses' net worth, which was in excess of $14,000,000.

When we review an award of punitive damages, we consider the extent and enormity of the wrong, the intent of the party committing the wrong, all the circumstances, and the financial and social condition and standing of the erring party. United Ins. Co. of America v. Murphy, 331 Ark. 364, 961 S.W.2d 752 (1998). Punitive damages are to be a penalty for conduct that is malicious or done with the deliberate intent to injure another. Id. An instruction for punitive damages may be given when there is evidence that a party likely " 'knew or ought to have known, in the light of the surrounding circumstances, that his conduct would naturally or probably result in injury and that he continued such conduct in reckless disregard of the consequences from which malice could be inferred.' " McLaughlin v. Cox, 324 Ark. 361, 371, 922 S.W.2d 327, 333 (1996) (quoting Allred v. Demuth, 319 Ark. 62, 890 S.W.2d 578 (1994) (quoting Dongary Holstein Leasing, Inc. v. Covington, 293 Ark. 112, 732 S.W.2d 465 (1987))). Punitive damages are justified only when the defendant acts wantonly or with such conscious indifference to the consequences of his acts that malice may be inferred. J.B. Hunt Transp., Inc. v. Doss, 320 Ark. 660, 899 S.W.2d 464 (1995). Negligence, however gross, will not support such an award. Id.

A. Persons Suffering from Mental Disease or Defect

Appellant argues that punitive damages were not recoverable in this case because Edwards was suffering from psychosis and delusions at the time, and that his delusions and psychosis drove him to commit the actions against Stills. She contends that punitive damages are designed to punish tortfeasors and deter intentional, malicious conduct, and that such damages should never be awarded against persons suffering from a mental disease, because it would be unfair to punish a sick person who was not acting of his own free will. Appellant asserts that the criminal standard for the affirmative defense of insanity, whether the person lacked the capacity to conform his conduct to the requirements of the law or to appreciate the criminality of his conduct, is not appropriate in civil cases. See Ark.Code Ann. § 5-2-312(a) (Repl.1997). Rather, she advocates a lesser standard, based upon a case-by-case analysis of the defendant's mental state, where the evidence shows that the Appellant suffered from a mental disease or defect.

We are not persuaded by Appellant's argument for two reasons. First, Appellant offers no authority or convincing argument that the civil standard for insanity should be any different than the criminal standard. The cases that have addressed this issue, including those relied upon by Appellant, discuss the defendant's mental state in terms of his being legally insane or his being able to form or possess the requisite intent for punitive damages. See Preferred Risk Mut. Ins. Co. v. Saboda, 489 So.2d 768 (Fla.Dist.Ct.App.1986) (holding that a deranged person, one who cannot form a rational intent, cannot be guilty of a wanton tort requiring actual or constructive malice and cannot be held liable for punitive damages); Goff v. Taylor, 708 S.W.2d 113 (Ky.Ct.App.1986) (holding that mentally deficient persons are insulated from punitive damages, recognizing the duty to balance the protection of society at large with compassion for those unable to conform their conduct to the expected standard ); Jewell v. Colby, 66 N.H. 399, 24 A. 902 (N.H.1891) (holding that insanity is a defense to damages sought on account of the defendant's intent or motive because an insane person has no will or motive ); Lee v. Thomas, 534 S.W.2d 422 (Tex.Civ.App.1976) (holding that the defendant was not liable for exemplary or punitive damages because he was insane at the time, such that he did not know right from wrong, did not know the nature and consequence of his actions, and was not able to properly conduct his business affairs).

In Bryant v. Carrier, 214 N.C. 191, 198 S.E. 619 (N.C.1938), the Supreme Court of North Carolina...