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Smithson v. Parker

Trial court could not direct a defense verdict since the parties presented conflicting evidence as to whether defendant committed fraud or breached a contract in providing a substandard wedding dress to plaintiff.

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Lynda Parker brought suit against Susan Smithson, alleging breach of contract, fraud, and intentional infliction of emotional distress in connection with Smithson’s sale to her of a wedding dress. Her complaint sought compensatory and punitive damages. Smithson answered, and the case was tried by a jury, which found in favor of Parker in the amount of $1,625.80 compensatory damages and $10,000 punitive damages. Judgment was entered on the verdict, and Smithson filed this appeal, contending that the trial court erred in denying her motion for directed verdict and in its charge to the jury. We find no error, and we affirm.

The record shows that the parties held differing views of what transpired leading to this lawsuit, and at trial each presented evidence supporting her version of the facts. It is undisputed that four weeks before her wedding, on August 24, Parker ordered a wedding dress from Smithson’s shop, paying $901. The details of the transaction, however, and what transpired after that, are in dispute. According to Parker, Smithson told her the dress she viewed was a sample that had been worn in a fashion show. She also said it could be ordered from Hong Kong in the proper size in three days. Because Parker needed a sample of the fabric to coordinate bridesmaids’ dresses and flowers, Smithson cut a small swatch from the hem of the sample to give her. Several days later, she returned to the shop and borrowed the sample dress for a few hours so her hairdresser could see the neckline and coordinate her hair style for the wedding.

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