130 So. 3d 493
Miss.2013Background
- Morales sued Jackson HMA for breach of contract; jury awarded damages and final judgment entered; Jackson HMA challenged via motions for JNOV, directed verdict, new trial, and remittitur; issue centered on whether the November 11, 2004 letter formed a contract; corporate approval was alleged to be required but purportedly obtained for terms; contract documents and related addenda were not approved in writing by Hospital's counsel; Morales testified the November 11 letter created a contract while Shaw denied it; corporate restructure and personnel changes allegedly affected approval; trial occurred in 2011 with Morales and Shaw as witnesses; damages awarded were challenged on appeal; Court remanded solely on damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the November 11 letter form a contract? | Morales: letter/communications constituted contract with corporate approval. | HMA: terms required corporate approval; no final approval. | Yes, contract existed; jury could find binding agreement. |
| Were Morales's damages proven to a reasonable certainty? | Morales: MGMA figures reflect net income; damages supported. | Damages based on gross figures without net expense considerations. | No; damages not proven to reasonable certainty; new trial on damages ordered. |
| Was jury instruction 9 properly granted? | N/A | Instruction improperly stated respondeat superior without authority basis. | Error in granting; harmless because apparent authority existed. |
| Did the trial court err in denying remittitur? | N/A | Remittitur appropriate if damages speculative. | Remittitur denial affirmed; Court remands only for damages retrial. |
Key Cases Cited
- Estate of Jones v. Phillips, ex rel. Phillips, 992 So.2d 1131 (Miss. 2008) (standard for directed verdict/JNOV review)
- Spotlite Skating Rink, Inc. v. Barnes, 988 So.2d 364 (Miss. 2008) (evidence sufficiency standard; jury verdict review)
- Braswell v. Stinnett, 99 So.3d 175 (Miss. 2012) (view of evidence in light most favorable to nonmovant; jury resolution favored Morales)
- J.K. v. R.K., 30 So.3d 290 (Miss. 2009) (damages proof to be proven to reasonable certainty)
- Lovett v. Garner, 511 So.2d 1346 (Miss. 1987) (net profits vs gross profits; damages methodology)