Shoals Ford, Inc. v. Clardy

Facts

On April 1, 1989, Bobby Joe talked to Kelly Cole of D concerning the purchase of a truck; on that day he filled out the initial papers. By April 3, 1989, all the necessary paperwork had been completed and Bobby Joe had signed the necessary documents, but when he went to pick up the truck, he was advised that because of his poor credit rating, D would require a $10,500 down payment instead of the $5,000 down payment previously discussed. On April 5, 1989, Bobby Joe returned to D with the down payment and, at that time, picked up the truck. According to P, Bobby Joe had suffered from a manic-depressive disorder for 15 years and was taking lithium to control his condition. She said that she observed in mid-March 1989 that Bobby Joe was becoming manic, but she said that because he was not violent and had not endangered himself or anyone else at that time, she could not involuntarily commit him for treatment. On April 5, 1989, P received a telephone call from Leslie Clardy Daniel, P's and Bobby Joe's daughter. The daughter told P that Bobby Joe had threatened her and had obtained $500 from her to make the down payment on a truck he was going to buy from D. P drove to D and noticed that the truck Bobby Joe had previously looked at, in her presence, was still on the lot. At that time she spoke with a salesperson, and she later telephoned a sales representative with D concerning Bobby Joe's incompetency and asked that they not allow Bobby Joe to take the truck -- that is, she told them that Bobby Joe was not working, that he was ill and would be committed, and that the truck could not be insured. Thereafter, on April 5, 1989, D gave Bobby Joe possession of the truck after he gave it $ 10,000 as the down payment. Ford Motor Credit Company eventually repossessed and sold the truck and mailed P a check for $ 3,284.98, which left a balance of $ 6,715.02 of the $ 10,000 down payment unrecovered. When Bobby Joe visited the daughter on April 1, 1989, she tried to get him to resume taking his medicine. He became agitated and went out of control, threw his medicine into a burning pile of leaves, and then left. At 5 A.M. on April 5, 1989, Bobby Joe returned to the daughter's house, banged on the doors and windows until he awakened the household, threatened their lives, and forced the daughter to write him a check for $ 500. When he left, the daughter telephoned 911 to report the incident and, as soon as the probate office opened, she telephoned the probate judge to inform him of the situation. When Bobby Joe visited the daughter on April 1, 1989, she tried to get him to resume taking his medicine. He became agitated and went out of control, threw his medicine into a burning pile of leaves, and then left. At 5 A.M. on April 5, 1989, Bobby Joe returned to the daughter's house, banged on the doors and windows until he awakened the household, threatened their lives, and forced the daughter to write him a check for $ 500. When he left, the daughter telephoned 911 to report the incident and, as soon as the probate office opened, she telephoned the probate judge to inform him of the situation. She then went to her attorney's office, explained the situation to him, and asked that he prepare a petition to have Bobby Joe involuntarily committed for treatment. While in her attorney's office, she notified the bank to stop payment on the $ 500 check she had written to Bobby Joe and then called to notify D of Bobby Joe's mental condition, telling a representative that Bobby Joe would be coming in to purchase a truck, specifically describing the particular truck; telling the representative that Bobby Joe was not healthy; and telling the representative that she had filed a petition to have Bobby Joe involuntarily committed. She also asked D to call the Lauderdale County sheriff, a family member, her attorney, Riverbend Center for Mental Health, or the probate office for verification. When she notified D of the situation, it merely stated that if Bobby Joe had the money to purchase the truck, it was 'none of her concern.' Around 10 A.M. on April 5, 1989, she once again telephoned 'to plead' with D to notify her when Bobby Joe arrived. At this time, the representative told her that 'it was really not of concern to D.' P sued D. Dr. Joseph W. Glaister, testified that Bobby Joe's illness was episodic, that his competency could come and go, and that there were stages of the illness when, on mere observation, one might think that Bobby Joe was a slightly excessive, overly friendly individual. Bobby Joe had been admitted to the hospital after regular working hours on April 5, 1989, and when he saw Bobby Joe on April 6, 1989, Bobby Joe was incompetent. The daughter's attorney testified that he prepared the commitment petition and other documents that were filed with the probate court that morning. He then prepared and filed a petition to appoint P as conservator and limited guardian for Bobby Joe a month after the petition to commit, because Bobby Joe was hospitalized during that period of time and, in the attorney's opinion, had no opportunity to dissipate his estate. P got the verdict for $6,715.02 in compensatory damages and $18,000 in punitive damages. D filed a motion for a new trial or, in the alternative, for judgment notwithstanding the verdict, which the trial court denied. D appealed. D contends that the contract was completed, that the truck was delivered, and that Bobby Joe took possession of the truck, all on April 3, 1989, when all of the paperwork was finalized, and that, on that date, Bobby Joe was not incompetent.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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