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Gill v. Professional Auto Collision

Court of Appeals of Mississippi

June 4, 2019

RUSSELL GILL APPELLANT
v.
PROFESSIONAL AUTO COLLISION APPELLEE

          DATE OF JUDGMENT: 06/01/2017

          JACKSON COUNTY CIRCUIT COURT JACKSON COUNTY CIRCUIT COURT

          ATTORNEY FOR APPELLANT: STEPHEN W. MULLINS

          ATTORNEY FOR APPELLEE: MARK EDWARD NORTON

          BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ.

          GREENLEE, J.

         ¶1. This is an appeal from the Jackson County Circuit Court regarding the appropriateness of summary judgment. We reverse and remand for further proceedings consistent with this opinion.

         FACTS AND PROCEDURAL HISTORY

         ¶2. This case involves a dispute over the restoration of an antique truck.

         ¶3. Russell Gill (Gill) wanted to purchase a specific 1967 Chevrolet C10, but it was in bad shape. He wanted to bring the truck to Cruisin' The Coast and other antique car shows, so he contacted William Webb (Webb)-owner of Professional Auto Collision-to see if his company could restore the truck. Webb indicated that it could, so Gill purchased the Chevrolet and brought it to Professional Auto Collision for restoration. The company provided him with a repair estimate on March 14, 2011, that totaled $6, 415.72, Gill paid, and Professional Auto Collision worked on the truck in the following months.

         ¶4. Gill sent his father-in-law to pick up the Chevrolet. But Gill was unsatisfied when he saw it because of the "overall poor quality of the paint job that was allowing rust and other abnormalities to come through the paint and was chipping off in large areas." Both parties attempted to remedy the situation, but further negotiations were ineffective.

         ¶5. Gill filed a complaint in the County Court of Jackson County in December 2012 against both Webb and Professional Auto Collision. In it, he asserted the following six claims: (1) breach of contract; (2) bad faith; (3) negligence; (4) gross negligence; (5) respondeat superior; and (6) infliction of emotional distress and mental anguish. Furthermore, Gill asserted that he had suffered damages that included: economic loss; loss of enjoyment of life; psychological and emotional trauma, distress, anxiety, and mental suffering; legal interest; attorneys' fees and expenses; and other damages to be proven at trial.

         ¶6. In September 2014, the defendants moved for summary judgment for Webb and partial summary judgment for Professional Auto Collision. They argued that the repair estimate specified that work was to be done by Professional Auto Collision and that piercing the corporate veil to include Webb in the suit was inappropriate. Furthermore, they urged the court to dismiss the claim for infliction of emotional distress and mental anguish because Gill had not produced any medical records for documentation.

         ¶7. The County Court issued an agreed order granting summary judgment, and it dismissed Webb with prejudice as a defendant and found that "all claims against Professional Auto Collision for emotional distress, mental anguish, and ...


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