Sears v. Summit, Inc.
| Decision Date | 27 August 1980 |
| Docket Number | No. 5293,5293 |
| Citation | 616 P.2d 765 |
| Parties | Bill SEARS, Appellant (Defendant), Jean Sears (Defendant), v. SUMMIT, INC., a South Dakota corporation registered and authorized to do business in Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Thomas D. Roberts, Morgan & Brorby, Gillette, for appellant.
Edward S. Halsey, Newcastle, Gary D. Jensen, and Horace R. Jackson, Lynn, Jackson, Shultz & Lebrun, P. C., Rapid City, S. D., for appellee.
Before RAPER, C. J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.
The questions presented by this appeal concern the respective rights of a landowner and a construction company who were both found to have committed acts of trespass against the other. Summit brought suit against Bill and Jean Sears seeking actual and exemplary damages for the unlawful detention of its heavy road-construction equipment and vehicles. By answer and counterclaim, Bill and Jean Sears demanded actual and exemplary damages for Summit's trespass upon their property. Following a jury trial, the district judge entered judgment against defendant Bill Sears in the amount of $2,941.86 actual damages and $4,000.00 punitive damages and against plaintiff Summit in the amount of $985.00 actual damages. Before submitting the case to the jury, the district court judge held, among other things, that there was no evidence that would sustain punitive damages in favor of defendants and, therefore, he did not submit this question to the jury. Because we feel that there was sufficient evidence to sustain an award of punitive damages against Summit, we find that the trial court erred in failing to submit the question to the jury. We also find that the district court judge erred in instructing the On September 4, 1979, Summit, Inc., began moving a convoy of heavy road-construction equipment consisting of one TS-24 Power Spray, four 651B Scrapers, one 12F Patrol, two flatbed trucks, one service truck, two or three company pickup trucks, and a station wagon south of Newcastle, in a westerly direction along a county road called the Morrissey Road. The testimony indicates that while the convoy could have traveled to its jobsite using public highways, Summit chose to transport its equipment on the county road to save time and permit fees, and because Summit felt that it would be less hazardous to use a county road.
jury to consider the wealth of the defendant when assessing punitive damages against him because there was no evidence of the defendant's wealth presented at trial.
After traveling along the Morrissey Road for approximately 32.7 miles during which time the convoy encountered 29 cattle guards and numerous no-hunting, no-trespassing signs, the convoy encountered a fork in the road. One branch of the road went slightly to the left and the other branch turned sharply to the right. The testimony indicates that the road branching to the left appeared to be a good graveled road, similar to the county road that the convoy had just traveled over, whereas the branch to the right was in poor condition. There was no sign indicating which branch was the Morrissey Road, and because the convoy's superintendent thought that the road to the left was a continuation of the county road he directed the convoy to proceed down the left fork. This fork of the road was not, as it turned out, a continuation of the county road but a private road owned by Bill and Jean Sears.
After traveling approximately one-quarter of a mile down the left branch of the road, the convoy came to a cattle guard that not only had a steel gate but also a no-trespassing sign thereon that read:
Swift, a Summit construction superintendent, testified that the cattle guard and the no-trespassing sign presented nothing unusual; however, the steel gate made him question whether the convoy had taken the correct branch of the road. At this point, he halted the convoy and took off in his pickup truck to investigate. First, he went back to the fork in the road and traveled down the right branch for approximately three or four miles. He testified that because this road was a narrow dirt road with an occasional oil tank or drilling rig on the side of the road that he did not think this was the county road. He also testified that he was sure that this road would eventually end in a dead end.
Swift then went back to the convoy and drove past it until he came to several buildings that were located next to the road. He stopped at these buildings in order to inquire whether the convoy was on the correct road. After finding no one at home, he radioed another Summit superintendent in an attempt to determine whether or not the convoy was on the correct road. He was advised by the superintendent that the convoy was on the correct road and that it should proceed. It is interesting to note that although Swift was unfamiliar with the area, he did not purchase a county map. He had begun this journey with only a hand drawn map that he had drawn with the directions of a transport driver.
After talking with the other superintendent, Swift returned to the convoy and directed his men to proceed. Apparently the next thing the convoy encountered was a wooden bridge that had a sign posted on it that read:
Further down the road there was still another sign indicating that this road was a private road. The sign stated:
We note particularly that while previous signs along the Morrissey Road had said merely "NO HUNTING" and "NO TRESPASSING," the last three signs specifically referred to "PRIVATE ROADS" or "NO THRU TRAFFIC," thereby indicating that it was the road itself and not the surrounding area that was closed.
Undaunted by these signs, the convoy continued on its way until it arrived at yet another fork in the road. Once again Swift halted the convoy and proceeded to investigate one of the two branches of the road. While Swift was so engaged, Bill Sears, toting a loaded .357 magnum revolver with the price tag still hanging from the handle, appeared at the scene. Sears, apparently outraged by the presence of the convoy on his private road, decided to take the law into his own hands. He ordered the crew to get off their equipment and to follow him. When Sears reached the pickup truck in which Assistant Superintendent Sparger was sitting, he pulled the revolver out of his pants and began waving it around, periodically pointing it at Sparger.
Sears then ordered Sparger to shut down the machinery, stating that the equipment could not be removed from Sears' property until someone paid for the damage that the convoy had done to his property. Apparently Summit's crew remained in control of their emotions, while Sears continued to wave his revolver, shouting obscenities. Sparger managed to contact Swift on the radio. Swift told Sparger to go along with Sears' order to shut down the equipment and to leave it on Sears' road.
At this point, Sears ordered Sparger to give him a list of names and driver's license numbers of the crew. Using a Summit time card Sparger began writing down each man's name and driver's license number while Sears was standing in front of the pickup truck with "his left arm on the hood and his right arm and the pistol pointed at me (Sparger) laying over the hood." The gun was still cocked and Sears had his finger on the trigger. Sears also continued using abusive language.
After Sparger completed the list and gave it to Sears, Sears set off to find Superintendent Swift. When Sears encountered Swift, he nearly ran Swift off of the road. Sears then jumped out of his pickup truck and at this point the two men became engaged in a fistfight. While there is conflicting testimony as to the cause of the fray, it finally ended when Swift was able to "choke him (Sears) down." After the fray ended, Sears was able to discuss the situation with Swift. He told Swift that the equipment would be detained until Sears was paid for the damages, and that Swift and his men would be arrested for trespass.
Summit did not recover its equipment until the next day after Swift, Sears and a sheriff's deputy viewed the damages to Sears' property. The damage consisted of damaged cattle guards and culverts, broken power and water lines, and an earthen stock dam rendered useless.
The following issues raised by Sears will be considered on appeal: 1
1. Did the trial judge err in ruling that as a matter of law Sears had committed an actionable trespass?
2. Did the trial judge err in ruling that there was no evidence presented at trial that would allow Sears to recover punitive damages against Summit?
3....
To continue reading
Request your trial
-
Owens-Corning Fiberglas Corp. v. Malone
...(1980)(holding that the jury may consider punitive damages, fines, and forfeitures already imposed on the defendant); Sears v. Summit, Inc., 616 P.2d 765, 772 (Wyo.1980)("Not only may the plaintiff introduce evidence as to the wealth of the defendant, but the defendant may also introduce ev......
-
Lompe v. Sunridge Partners, LLC
...this evidence was not representative of its real economic condition, it could have presented rebuttal evidence. See Sears v. Summit, Inc., 616 P.2d 765, 772 (Wyo.1980), modified on other grounds by Adel v. Parkhurst, 681 P.2d 886 (Wyo.1984)("Not only may the plaintiff introduce evidence as ......
-
Campen v. Stone
...compensatory and punitive damages." 358 So.2d at 1026. However, in Wyoming such a distinction is acknowledged. In Sears v. Summit, Inc., Wyo., 616 P.2d 765, 772 (1980), this court "It is proper to introduce evidence of a defendant's wealth when punitive damages are requested. And while this......
-
In re Kroh Bros. Development Co.
...another's rights and where imposition of punitive damages will tend to prevent this type of violation in the future." Sears v. Summit, Inc., 616 P.2d 765, 770 (Wyo.1980); Adel v. Parkhurst, 681 P.2d 886, 891 (Wyo.1984). The conduct must have been reckless, wanton, willful or malicious. Unit......
-
CHAPTER 16 LESSONS LEARNED: RISE MANAGEMENT STRATEGIES AS PROJECTS GROW, MATURE, AND CLOSE
...P.2d 377 (Wyo. 1983). [47] Salisbury Livestock Co. v. Colorado Cent. Credit Union, 793 P.2d 470 (Wyo. 1990). [48] Sears v. Summit. Inc., 616 P.2d 765 (Wyo. 1980). [49] Allison v. Smith, 695 P.2d 791 (Colo. App. 1984). [50] Lowder v. Tina Marie Homes, Inc., 43 Colo. App. 225, 601 P.2d 657 (1......