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Payne v. Wallace8/14/2001
2001 Opinion No. 66
Frederick C. Lyon, Clerk
Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. N. Randy Smith, District Judge.
Order denying plaintiffs' motion to add claim for punitive damages, directed verdict for defendant on claim for emotional distress, denial of plaintiffs' request for attorney fees, and award of costs, affirmed.
This action arises from an automobile accident. Plaintiffs James R. Payne and Diana J. Payne, husband and wife, and their daughter, Stacie Rachelle Payne, appeal the district court's denial of their motion to amend their complaint to include a claim for punitive damages and the district court's order granting a directed verdict in favor of defendant Michael Wallace on Stacie Payne's claim of intentional infliction of emotional distress. In addition, they challenge the district court's disposition of the parties' respective requests for costs and attorney fees.
I. FACTS AND PROCEDURAL HISTORY
Automobiles driven by Diana Payne and Michael Wallace collided in an intersection after Wallace failed to stop at a stop sign. Diana sustained injuries to her left arm and the right side of her chest, and experienced pain in her hips, as a result of the accident. Stacie, then eight years old, was in the front passenger seat of the Payne vehicle. She did not suffer any physical injuries.
Immediately after the collision, Wallace exited his vehicle and in a belligerent manner began yelling profanities and blaming Diana for the accident. Diana and a bystander, Travis Holt, later testified that Wallace approached the Paynes' vehicle as he was yelling vulgarities but was stopped by Holt. Holt testified that Wallace tried to approach the Paynes twice, and that Holt intercepted Wallace both times. The evidence is in conflict as to how many times Wallace resumed his belligerent shouting, but Diana Payne testified that he repeated this behavior four or five times. The Paynes did not exit their vehicle until the police arrived, by which time Wallace had calmed down.
The Paynes filed an action against Wallace in which they sought damages for Diana's physical injuries, James's loss of consortium, and Stacie's emotional distress allegedly sustained as a result of Wallace's aggressive, profane shouting. The Paynes moved for leave to amend their complaint to allege a claim for punitive damages pursuant to Idaho Code ยง 6-1604(2), but the district court denied the motion. Wallace initially denied liability, but on the day before the trial, Wallace's attorney gave notice that Wallace would admit his negligence and concede liability for the accident. Therefore, the trial proceeded on the issues of the extent of Diana's physical injuries and recoverable damages, James's claim for loss of consortium, and Stacie's claim for intentional infliction of emotional distress.
At the close of plaintiffs' trial evidence, the district court granted a motion by Wallace for a directed verdict on Stacie's claim of intentional infliction of emotional distress. The Paynes renewed their motion to add a claim for punitive damages, but this motion was denied. The jury thereafter returned a verdict awarding damages of $1,948.51 for Diana's injuries but rejected James's loss of consortium claim.
II. DISCUSSION AND ANALYSIS
A. Intentional Infliction of Emotional Distress
The first issue on appeal is whether the district court committed error in granting a directed verdict in favor of Wallace on Stacie's claim for intentional infliction of emotional distress. A directed verdict dismissing a claim is permissible only if there i
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