Thomas v. Harrah's Vicksburg Corp.
734 So. 2d 312 · Court of Appeals of Mississippi · 1999
Facts
Thomas owned a vacant lot leased to Surplus City. Harrah's and Yates, constructing a casino next door, repeatedly trespassed on the property for six months despite warnings. Thomas and Surplus sued for common law trespass, but the jury awarded Thomas no damages and Surplus only nominal damages against one defendant, leading to an appeal.
Issue
Did the trial court err in its rulings regarding the sufficiency of evidence for trespass, the jury's verdict on damages for Thomas and Surplus, and the refusal to consider punitive damages? Specifically, what is the standard for common law trespass liability and what damages are recoverable for an out-of-possession lessor versus a lessee?
Holding
The court affirmed the denial of damages for Thomas, as he was an out-of-possession lessor without proof of permanent harm. It reversed and rendered the nominal damages award for Surplus, finding actual damages were warranted, and remanded for the trial court to enter a $3,000 judgment as actual damages against both defendants, jointly and severally. The court also reversed and remanded for a determination of whether punitive damages should be considered for Surplus.
Rule
Common law trespass requires only an intent to be on the land, not an intent to invade exclusive possession, and does not require negligence. An out-of-possession lessor cannot sue for mere trespass unless permanent harm to the reversionary interest is shown. A principal can be liable for an independent contractor's tortious acts if the work itself entails the tort. Punitive damages require clear and convincing evidence of malice, gross negligence, or actual fraud, and a prior award of compensatory damages.
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