DAVID C. JAYNE
BASS ANNIE COSMETIC BOAT REPAIR
Assigned on Briefs August 1, 2017
from the Circuit Court for Shelby County No. CT-005058-12
Robert L. Childers, Judge.
C. Jayne ("Jayne") appeals the trial court's
entry of a judgment against him for breach of contract for
failure to pay Bass Annie Cosmetic Boat Repair ("Bass
Annie") for repairs made to his boat. Jayne entered into
a contract with Bass Annie for the repair of his damaged
boat. Before the agreed-upon repairs were completed, Jayne
went to Bass Annie to check on the boat. After inspecting the
boat, Jayne instructed Bass Annie to stop the repairs and
return the boat to him. An argument ensued, and Jayne alleges
he was assaulted by a Bass Annie employee. Both parties filed
claims in the general sessions court which were subsequently
appealed to circuit court. Following a de novo trial
in the circuit court, the trial court dismissed Jayne's
claims and awarded Bass Annie damages for breach of contract
for the work completed on the boat. Jayne appeals. The
judgment of the trial court is affirmed, and the case is
remanded for further proceedings.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed and Remanded
A. Kramer, Memphis, Tennessee, for the appellant, David C.
Annie Cosmetic Boat Repair, Appellee .
B. Goldin, J., delivered the opinion of the court, in which
Frank G. Clement, Jr., P.J., M.S., and John W. McClarty, J.,
B. GOLDIN, JUDGE.
Background and Procedural History
Annie Cosmetic Boat Repair ("Bass Annie, " or
"Appellee") is a full service boat maintenance
company founded in 1990 by Annie Rice. Ms. Rice testified
that Bass Annie serves customers from twelve states and
thirteen boat manufacturing companies. Additionally, Ms. Rice
testified that she has repaired several thousand boats over
the course of her twenty-seven year career as sole owner and
operator of Bass Annie and that Bass Annie is capable of
repairing boats of all sizes-from a "John boat" to
a one hundred and twenty foot yacht.
2012, Appellant David C. Jayne damaged his boat and brought
it to Bass Annie for repairs. Ms. Rice estimated the repair
of Mr. Jayne's boat would cost $9, 592.15. After
receiving Ms. Rice's estimate, Mr. Jayne signed the
estimate and authorized Ms. Rice to move forward with the
August 16, 2012, Mr. Jayne brought Mr. Jimmy Lamb, his
expert, to visit Bass Annie to inspect the repairs to Mr.
Jayne's boat. Although the repairs were not complete, Ms.
Rice invited Messrs. Jayne and Lamb into the warehouse. Mr.
Lamb informed Mr. Jayne that he did not think Bass
Annie's employees were repairing Mr. Jayne's boat in
a workman-like manner. When Messrs. Jayne and Lamb confronted
Bass Annie employees, an argument ensued. The argument
escalated, and Molly Smith, a Bass Annie employee, allegedly
procured a handgun and pointed the gun towards Messrs. Jayne
and Lamb. At this point, Ms. Rice called the police.
this incident, Mr. Jayne told Ms. Rice to stop repairs on his
boat, and he attempted to take immediate possession of the
boat. Ms. Rice refused to return the boat until Mr. Jayne
paid for the labor and materials that Bass Annie had already
August 21, 2012, Mr. Jayne brought an action in the Shelby
County General Sessions Court to recover the boat and for
damages for substandard work and assault. On October 2, 2012,
Annie Rice, Bass Annie Cosmetic Boat Repair, Kirsty Smith,
and Molly B. Smith filed a counter-complaint in the General
Sessions Court for assault, battery, breach of contract,
fraud, misrepresentation, abuse of court process, and
tortious interference with a contract. On October 31, 2012,
agreed judgments for the defendants "without proof"
were entered by the judge in the General Sessions Court. Mr.
Jayne and Bass Annie timely appealed their respective General
Sessions judgments to the Shelby County Circuit Court. On
August 5, 2015, Bass Annie filed a pleading titled Response
To Action To Recover Personal Property And Amended Civil
Warrant in the Circuit Court, denying that the boat was
improperly repaired and seeking damages against Mr. Jayne in
the amount of $9, 292.15 for breach of contract. The trial
court, in a de novo trial, found that the parties
had a valid contract, and that Bass Annie had partially met
its obligation under the contract when Mr. Jayne ordered Bass
Annie to stop working on his boat. Based on the work
completed, the trial court awarded Bass Annie a judgment
against Jayne of $6, 495. Mr. Jayne appeals.
Jayne raises two issues for review. However, we perceive that
there are three dispositive issues, which we state as
1. Whether Bass Annie is responsible for the alleged assault
committed by Ms. Smith under the doctrine of respondeat
2. Whether the trial court erred in holding that Mr. Jayne
breached the parties' contract and owes ...