Atallah v. Equilon Enterprises
Elias Atallah brought an action against Equilon Enterprises LLC, dba Shell Oil Products, U.S. (Equilon), and others who are not parties to this appeal.[1] Atallahs claim for intentional misrepresentation was tried to a jury that returned a verdict for $1.7 million in favor of Atallah. Although the jury found that Equilon had acted toward Atallah with oppression, malice or fraud, the trial court found that there was no evidence of Equilons net worth and therefore refused to allow the jury to consider the amount of punitive damages to be awarded. The trial court denied Equilons motions for a directed verdict and for a judgment notwithstanding the verdict and also denied Atallahs motion for a new trial on the issue of punitive damages.
Equilon appeals from the judgment, principally on the ground that the evidence does not support the verdict. Court find no merit in any of Equilons contentions. Atallah also appeals from the judgment to the extent that it operated to deny Atallahs claim for punitive damages. Court find that the trial court erred in refusing to allow the jury to consider the amount of punitive damages to be awarded. Accordingly, Court reverse the judgment and remand with directions to conduct proceedings to determine the amount of punitive damages that should be awarded. Following such proceedings, Court direct the entry of a judgment that is consistent with the jurys verdict, the views expressed in this opinion and the additional proceedings mandated by our order.
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