Gunite Contracting Co. Inc. v. Mize

The primary issue presented in this case is whether the plaintiff, Woodrow Mize, is entitled to punitive damages for conversion and trespass.

Woodrow Mize contracted with Gunite Contracting Company, Inc., for a swimming pool. After the pool was installed, but before completion, the shell floated out of the ground. Gunite attempted several methods of correcting this problem, including the digging of a ditch to drain the water.

There was evidence from both parties which showed that Gunite's employees used Mize's bulldozer without his permission. Some of Mize's trees were knocked down by Gunite's…