Betty Saint Rogers v. Louisville Land Co., et al.

E2010-00991-SC-R11-CV
Date / Time: 
January 5, 2012 - 9:00am

Betty Saint Rogers (“Plaintiff”) sued Louisville Land Company and Joe V. Williams, III (“Defendants”) alleging claims under the Tennessee Consumer Protection Act, the Tennessee statutes governing cemeteries, outrageous conduct, and breach of contract, among other things. After a non-jury trial, the Trial Court entered its final judgment awarding Plaintiff a judgment of $250.00 for breach of contract, $45,000.00 for intentional infliction of emotional distress, $250,000.00 in punitive damages, $37,306.25 in attorney’s fees, and $556.42 in discretionary costs. Defendants appeal to this Court. We find and hold that Plaintiff did not prove intentional infliction of emotional distress, and we, therefore, reverse the judgments for intentional infliction of emotional  distress and punitive damages. We also find and hold that because Plaintiff abandoned her statutory claim, she was not entitled to an award of attorney’s fees pursuant to the statute, and we reverse the award of attorney’s fees. We further find and hold that Plaintiff did prove breach of contract, and we affirm the award of damages for breach of contract, and the remainder of the Trial Court’s final judgment.

Court: 
Supreme Court
County: 
Bradley
Division: 
Eastern Section