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Keywords

lawsuitdamagesattorneytrialtestimonyseizureexemplary damagesdumping

damagestrialexemplary damages

Related Cases

Keller v. Davis, 694 S.W.2d 355

Facts

Fred Keller, a landowner, allowed M.P. Davis's employee to use his land as a dumping site for drilling mud. When Keller felt he was not being compensated, he seized one of Davis's vacuum trucks and filed a lawsuit for payment. Davis counterclaimed for possession of the truck and damages incurred during its absence. The trial court ruled against Keller, awarding Davis damages and fees.

Problems arose when Keller feared he was not being properly paid for the use of his land. With the cooperation of Terry Hawkins, Keller seized one of Davis's vacuum trucks and chained it to a tree on Keller's property in full view of passersby on a local highway.

Issue

Did the trial court err in awarding damages and attorney's fees to Davis, and was Keller's seizure of the truck justified?

Keller next contends that the trial court erred in awarding Davis exemplary damages for Keller's abuse of process or improper conversion of the truck.

Rule

Texas law allows for the award of lost profits based on competent evidence with reasonable certainty, and exemplary damages may be awarded when a party consciously disregards the rights of another.

A trial court may award exemplary damages when (1) a party has consciously disregarded the rights of the other party and (2) actual damages have been awarded.

Analysis

The court found that Davis's uncontroverted testimony regarding lost profits was sufficient to support the damages awarded. Keller's actions, including the wrongful seizure of the truck and failure to comply with court orders, demonstrated a conscious disregard for Davis's rights, justifying the award of exemplary damages.

Even if Keller's initial possession of Davis's truck could be justified on the basis of Terry Hawkins's authority to deliver it as agent for Davis (a questionable assumption at best), Keller's conduct after he obtained the truck is inexcusable.

Conclusion

The court affirmed the trial court's judgment, ruling that Keller's actions warranted the damages awarded to Davis.

Because we find no reversible error, we affirm the judgment of the trial court.

Who won?

M.P. Davis prevailed in the case due to the court's finding that Keller's seizure of the truck was wrongful and that he acted with conscious disregard for Davis's rights.

We have no difficulty in finding that the trial court properly awarded exemplary damages.

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