Safeco Insurance Co. of America v. Chrysler Corp.7/31/2002
DaimlerChrysler. In November 2000, the trial court rendered written reasons for judgment in which it found in favor of the Miotons and awarded them $40,000 in attorneys' fees and in favor of Safeco and awarded it attorneys' fees "in the amount provided in its contingency fee contract."
The trial court issued its written judgment on December 8, 2000, ordering DaimlerChrysler to pay general damages in the sum of $69,287.56 to the Miotons and $249,934.07 to Safeco. It was ordered that judgment be rendered in favor of Safeco against DaimlerChrysler and Southern Chrysler in solido for $24,548.90, the purchase price of the van. Further, the trial court awarded attorneys' fees to the Miotons totaling $40,000 and to Safeco totaling $91,494, to be paid by DaimlerChrysler. Finally, the trial court set the expert witness fees.
Shortly thereafter, DaimlerChrysler appealed the ruling awarding the Miotons and Safeco attorneys' fees. The Miotons filed a motion for judgment notwithstanding the verdict (JNOV) urging that the jury erred in awarding only $50,000 for the uninsured loss of home contents claiming that the actual, stipulated, proven, and unrebutted damages totaled $66,688.10; in awarding $7,900 for the uninsured rebuilding expenses when the actual damages were $23,188.57; in failing to award medical expenses when the unrebutted evidence at trial indicated that the total expenses incurred were $11,750; and, in failing to award general damages for hardship, inconvenience, mental anguish, and distress. After a hearing in January 2001, the trial court granted the JNOV and increased the award for the uninsured home contents to $66,688.10, the uninsured rebuilding expenses to $13,300, and the medical expenses to $11,750. This judgment was signed on March 30, 2001.
Thereafter, on April 6, 2001, the trial court filed amended reasons for judgment in order to address the issue of general damages pursuant to the JNOV. In its written reasons, the trial court granted that portion of the JNOV and awarded the Miotons $15,000 for mental anguish and $15,000 for hardship and inconvenience. On that same day, Southern Chrysler filed a motion to vacate and amend the JNOV urging that it was erroneous because it incorrectly cast it liable in solido with DaimlerChrysler for $274,482.97 to Safeco.
On May 15, 2001, DaimlerChrysler appealed the judgments in favor of the Miotons and Safeco that totaled $509,102.63, plus interest and costs. The order granting the appeal was signed that same day. On May 17, 2001, the trial court, on its own motion, granted a new trial on the March 30, 2001 JNOV ordering that the parties show cause on June 18, 2001, why the March 30, 2001 JNOV should not be vacated and why an amended judgment awarding general damages should not be issued.
On June 14, 2001, Southern Chrysler withdrew its motion to vacate and amend the JNOV and further dismissed its cross-claim against DaimlerChrysler. On June 15, 2001, Southern Chrysler appealed the judgments in favor of Safeco for $24,548.90 and $274,482.97 and the Miotons for $103,125.66, plus interest and costs. The order granting Southern Chrysler's appeal was signed that same day.
On June 18, 2001, the trial court, at the hearing on the motion for new trial on the JNOV, filed for record its April 6, 2001 amended reasons for judgment awarding the Miotons $30,000 in general damages and rendered and executed a final JNOV in favor of the Miotons and against DaimlerChrysler for the sum of $133,125.66; in favor of Safeco and against DaimlerChrysler for $249,934.07; in favor of Safeco and against DaimlerChrysler and Southern Chrysler for $24,548.90, for the return of the purchase price of the van; in favor of th
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