Malouf v. Evans

A county court judge granted Lisa Evans’s motion for a directed verdict in Michael Malouf’s tort-based lawsuit over boat repairs promised and paid for but allegedly never made. The judge dismissed the case after finding Malouf failed to prove Lisa and her deceased husband, a boat mechanic, had been in a partnership when doing business as Lake Harbour Marine. But in granting Lisa a directed verdict, the court wrongly gave Lisa, not Malouf, favorable evidentiary inferences drawn from Malouf’s testimony and did not take Malouf’s testimony as true, as was required before a trial judge can take a case away from a jury. The Mississippi Supreme Court concluded the trial judge also incorrectly found that insufficient proof of a partnership between Lisa and her husband was dispositive of all of Malouf’s tort claims - even those that did not hinge on the existence of a partnership. The Court found that when Malouf’s testimony and evidence was taken as true and he was given all reasonable inferences, the evidence at least created a jury issue on whether Lisa, as her husband’s partner, was liable for his actions in the boat-repair shop. It was also error for the county court and appellate court to cite the supposed lack of a partnership as reason to dismiss Malouf’s claims against Lisa individually for her own alleged fraudulent or negligent misrepresentations. The Court therefore reversed the trial court and remanded for further proceedings. View "Malouf v. Evans" on Justia Law