Ellsworth Marine, Inc. v. Davis
| Citation | 482 A.2d 458 |
| Court | Supreme Judicial Court of Maine (US) |
| Decision Date | 04 October 1984 |
| Parties | ELLSWORTH MARINE, INC. v. Patrick DAVIS. |
James E. Patterson (orally), Ellsworth, for plaintiff.
Silsby & Silsby by Raymond L. Williams (orally), Ellsworth, for defendant.
Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.
This appeal raises once more the issue of when it may be proper for a trial justice to direct a verdict. The Superior Court had directed a verdict on two major issues. We affirm with respect to one of the directed verdicts and vacate with respect to the other.
In March, 1977, the Defendant, Patrick P. Davis, began to work in the Ellsworth outboard motor service and repair business of the Plaintiff, Ellsworth Marine, Inc., as a mechanic and general manager. In April, 1978, the Defendant abruptly departed, closing the shop and removing much of the inventory, claimed by him in payment for debts owed him by the Plaintiff.
The Defendant soon after entered a complaint against the Plaintiff's president, William Tuite, seeking compensation for various personal services connected with the business. The Plaintiff then commenced suit against the Defendant for conversion. The Defendant counterclaimed for breach of contract and sought damages for unpaid wages and overtime pay, repayment of a loan, and reimbursement for various expenses. The two actions were consolidated for trial in Superior Court, Hancock County. The first action culminated in a judgment against Tuite for $90, which is not challenged in this appeal.
At the jury trial, held on April 20-22, 1983, Tuite testified that the Defendant removed all the items inventoried in three receipt books. These items included chain saws, gas tanks, and various other parts and accessories, with a total value of $5,618.83. Tuite further alleged that the Defendant also took several items not listed in the receipt books, including cash receipts in the amount of over $500, used outboard motors worth $1,400, and miscellaneous items with a total value of $550.
The Defendant admitted to removing the items valued at $5,618.83 but denied taking anything else. He also admitted that he was to be paid for overtime work only if the business became profitable and that it was not making a profit when he quit.
The court granted the Plaintiff's motions for directed verdicts in its favor on the Defendant's liability for conversion and on that portion of the Defendant's counterclaim which related to overtime pay. The jury returned a verdict for the Plaintiff on its conversion claim in the amount of $8,076.01 and a verdict for the Defendant on his counterclaim in the amount of $1,813.90. On appeal, the Defendant challenges the directed verdicts and also alleges insufficiency of the evidence to support the jury verdicts.
We have repeatedly advised the Superior Court to be chary of removing factual issues from the jury's consideration. See, e.g., Poirier v. Hayes, 466 A.2d 1261, 1264 (Me.1983); Reed v. Rule, 376 A.2d 445, 446 (Me.1977). "Only if the correctness of directing a verdict appears so clear to the presiding justice that all reasonable doubts of possible error or uncertainty have been removed in his mind should he grant it." Poirier v. Hayes, 466 A.2d at 1264, quoting Moore v. Fenton, 289 A.2d 698, 700 n. 1 (Me.1972); see also Portland Valve, Inc. v. Rockwood Systems Corp., 460 A.2d 1383, 1386 (Me.1983). 1 The manner in which the justice in the trial below directed a verdict on the issue of conversion created a substantial risk of possible error or uncertainty.
The Plaintiff accused the Defendant of not one but several acts of conversion, each involving separate items and allegedly occurring at different times. The Defendant admitted only one act of conversion when he conceded that on or about April 14, 1978, he removed certain discrete items belonging to the Plaintiff which were catalogued in three receipt books and which had an alleged value of $5,618.83. 2 Had the presiding justice limited the directed verdict to liability for this single act of conversion, we would have no difficulty, in light of the Defendant's own admission, in upholding the justice's action. See Zagarri v. Nichols, 429 S.W.2d 758 (Mo.1968). Cf. Scribner v. Cyr, 148 Me. 329, 333-34, 93 A.2d 126, 128 (1952).
Instead, however, the justice simply directed a verdict for the Plaintiff on the issue of the Defendant's liability for conversion and instructed the jury to determine the damages thereon. It was left in doubt whether the jury was expected to decide which items were converted or merely to decide what was the value of all the items the Defendant was alleged to have appropriated; but by treating the several alleged conversions in a unitary fashion, the justice could have given the jurors the impression that the question of liability for all the alleged...
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