NATIONAL BY-PRODUCTS, INC. V. SEARCY HOUSE MOVING CO. 731 S.W.2d 194 (1987) CASE BRIEF

NATIONAL BY-PRODUCTS, INC. V. SEARCY HOUSE MOVING CO.

731 S.W.2d 194 (1987)

NATURE OF THE CASE: National (D) sought review of a judgment, which awarded punitive damages to Searcy (D).

FACTS: Foley (D) was driving a large tractor trailer for National (D). At the same time, Searcy (D) was moving a house north on the same highway. Searcy (D) could not get the house through a bridge and while the house was being adjusted on the house moving trailer, traffic was stopped and flagged around in the one lane of traffic still open. Stacy McGee and Lorene Staggs (Ps) were slowly starting to go through the open lane when Foley (D) speeding in an over-weight truck smashed into the rear of their car, knocking it eighty feet forward, causing it to hit the house and trailer, and then to hit two bystanders. National's (D) truck also struck the house and then crashed into another tractor-trailer rig. Lorene Staggs died instantly and Stacy McGee died seven hours later. The estates of Lorene Staggs and Stacy McGee (Ps) filed wrongful death actions against Foley (D) and National (D) and Searcy (D). Defendants Foley (D), National (D) and Searcy (D) filed cross-complaints against each other, each asking compensatory and punitive damages from the other. A jury returned compensatory damage awards of $3,000,000 to the estate of McGee (P), $1,400,000 to the estate of Staggs (P), and $15,000 to Searcy (D). In addition, separate punitive damage awards of $100,000 were given to each estate and to Searcy (D). National (D) appealed the punitive damages awarded to Searcy (D).

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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