T.C.B. Construction Co. v. W.C. Fore Trucking, Inc.
134 So. 3d 701
Miss.2013Background
- Post-Hurricane Katrina, Harrison County hired Fore to remove debris in Zone 2 and Fore contracted with TCB to perform removal.
- The contract covered north of Highway 5B, but included a good-faith modification clause reflecting circumstances of debris removal.
- Beck audited TCB’s work tickets and invoices; County approved payments to Fore, which then paid TCB a portion.
- Fore billed the county for TCB’s work; Harrison County paid Fore about $12.3 million and Fore paid TCB about $3.6 million.
- TCB sued Fore for breach, claiming an oral modification to include work south of Highway 53; Fore counterclaimed for overpayment for north-of-53 work.
- Jury found modification to include south-of-53 work; compensatory damages awarded to TCB, with net award about $3.58 million; punitive damages not sent to jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether punitive damages should be submitted to the jury | TCB argues Fore acted with malice or reckless disregard; punitive damages warranted. | Fore contends there was no malice or reckless disregard; no punitive damages appropriate. | Yes; punitive damages should have been submitted to the jury. |
Key Cases Cited
- Warren v. Derivaux, 996 So.2d 729 (Miss. 2008) (punitive damages as extraordinary remedy; need for egregious conduct)
- Paracelsus Health Care Corp. v. Willard, 754 So.2d 437 (Miss. 1999) (defines malice/reckless disregard standard for punitive damages)
- Pursue Energy Corp. v. Abernathy, 77 So.3d 1094 (Miss. 2011) (breach with malice or reckless disregard supports punitive damages)
- Hamilton v. Hopkins, 834 So.2d 695 (Miss. 2003) (malicious conduct or reckless disregard required for punitive damages)
- Wirtz v. Switzer, 586 So.2d 775 (Miss. 1991) (prior standard cited on punitive damages; later abrogated on other grounds)
- Upchurch Plumbing, Inc. v. Greenwood Utils. Comm’n, 964 So.2d 1100 (Miss. 2007) (abrogation notes related to punitive damages standards)
- Adams v. U.S. Homecrafters, Inc., 744 So.2d 736 (Miss. 1999) (cases guiding punitive damages standards in Mississippi)
- Paracelsus Health Care Corp. v. Willard, 754 So.2d 437 (Miss. 1999) (reiterated standard for punitive damages)