Springer v. Ausbern Construction Co., Inc.

October 19, 2017 by Justia

A jury awarded Ausbern Construction Company, Inc. (Ausbern) a verdict of $182,500 against Chickasaw County Engineer Edward Springer in his individual capacity for tortious interference with a road-construction contract. On appeal, the Mississippi Court of Appeals reversed the monetary judgment and rendered judgment in favor of Springer, holding the element of tortious interference that constitutes malice was not satisfied because Springer’s actions were not without right or justifiable cause. Though the lack of evidence demonstrating malice was dispositive to the decision to reverse and render, a majority of the Court of Appeals alternatively held that Ausbern’s claim against Springer had implicated the Mississippi Tort Claims Act and the trial court had erred by failing to grant Springer’s motion to dismiss due to lack of presuit notice. The Mississippi Supreme Court concluded the record did not support the Court of Appeals’ conclusion that Springer raised the issue of presuit notice in his motion to dismiss. Although Springer raised lack of notice as an affirmative defense in his answer to Ausbern’s first amended complaint, he simply argued that he was entitled to immunity in support of his motion to dismiss. The Court did not disturb the dispositive holding reached by the Court of Appeals resulting in the rendered judgment in favor of Springer; the Supreme Court granted certiorari review to resolve the Court of Appeals’ perceived conflict between Zumwalt v. Jones County Board of Supervisors, 19 So. 3d 672 (Miss. 2009), and Whiting v. University of Southern Mississippi, 62 So. 3d 907 (Miss. 2011). "Whiting" did not overrule, sub silentio, "Zumwalt" as the Court of Appeals presumed in reaching its alternative holding. The Supreme Court overruled Whiting to the extent it held that a claim for tortious interference with a contract was subject to presuit notice requirements of the Tort Claims Act. Ausbern’s claim against Springer in his individual capacity for tortious interference with the contract did not trigger the presuit notice requirements of the Tort Claims Act. View "Springer v. Ausbern Construction Co., Inc." on Justia Law