David C. Jayne v. Bass Annie Cosmetic Boat Repair
W2016-02012-COA-R3-CV
| Tenn. Ct. App. | Sep 11, 2017Background
- In July 2012 Jayne contracted with Bass Annie (Annie Rice) to repair his damaged boat for an estimated $9,592.15; Jayne authorized repairs after insurer approval.
- After ~3–4 weeks of work, Jayne visited with an expert (Jimmy Lamb), expressed concern about workmanship, and then instructed Rice to stop repairs and demanded immediate return of the boat.
- A heated confrontation occurred; a Bass Annie employee (Molly Smith) allegedly produced and pointed a handgun, Rice called police, and Rice refused to release the boat until paid for labor/materials expended.
- Jayne sued in general sessions for return of the boat, bad workmanship, and assault; Bass Annie and employees counterclaimed. Both parties appealed to circuit court after general sessions judgments.
- At a de novo bench trial the circuit court found Jayne failed to prove respondeat superior or that Bass Annie breached the contract; it held Jayne breached by repudiating the contract and awarded Bass Annie $6,495 for work performed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Respondeat superior for alleged assault by employee | Jayne: Bass Annie is liable for employee Smith’s assault (pointing gun) under respondeat superior | Bass Annie: Smith’s procurement/use of a gun was outside scope of employment and Rice did not condone it | Court: No respondeat superior; assault was outside scope of employment and Rice called police |
| Breach of contract — who first breached | Jayne: Bass Annie failed to perform work in a workmanlike manner so his cancellation/repudiation was justified | Bass Annie: Jayne repudiated contract by ordering work stopped and refusing to pay for work done | Court: Jayne breached by stopping work and refusing to pay; Bass Annie entitled to damages |
| Damages amount and admissibility of owner’s testimony | Jayne: Rice should not have been allowed to testify as an expert; awarded damages are unsupported | Bass Annie: Rice has decades of experience; her testimony on scope/cost is admissible and supports the award | Court: Rice’s expertise admissible; award supported by record (judgment affirmed) |
| Credibility of plaintiff’s expert | Jayne: Lamb’s testimony showed non-workmanlike repairs | Bass Annie: Lamb lacked relevant recent experience and credibility | Court: Trial court’s adverse credibility finding for Lamb is entitled to deference; Jayne failed to prove breach |
Key Cases Cited
- Tucker v. Sierra Builders, 180 S.W.3d 109 (Tenn. Ct. App.) (respondeat superior scope-of-employment analysis)
- Tenn. Farmers Mut. Ins. Co. v. Am. Mut. Liab. Ins. Co., 840 S.W.2d 933 (Tenn. Ct. App.) (factors for scope-of-employment inquiry)
- ARC LifeMed, Inc. v. AMC–Tenn., Inc., 183 S.W.3d 1 (Tenn. Ct. App.) (elements of breach of contract claim)
- McClain v. Kimbrough Constr. Co., 806 S.W.2d 194 (Tenn. Ct. App.) (determining which party first materially breached when both partially perform)
- Morrison v. Allen, 338 S.W.3d 417 (Tenn.) (deference to trial court credibility findings)