A jury awarded Farmers Bank and Trust $100,000 in punitive damages Tuesday in a literal one-sided case.
In September 2011, former bank employee Markell Selvy stole $13,300 from a customer who was in a hospital coma at the time.
Selvy later pled guilty, received three years probation and was ordered to pay restitution.
On Tuesday, Selvy declined to participate in the jury trial, nor did his attorney, Jim Harris.
Bank attorneys picked the jury and argued the case with no defense in the courtroom.
Attorney Bobby Coleman said that was the first time he had seen only one side in the courtroom.
"If anyone takes money from one of our customers, we will seek all legal action necessary to see that they are brought to justice," Farmers Bank and Trust president Randy Scott said. "We are pleased with the jury's decision on this case."
Selvy's attorney, Jim Harris, contends the bank should not be entitled to punitive damages unless there are compensatory damages under their theory of conversion.
"The bank was granted compensatory damages under a motion for summary judgment regarding breach of contract," Harris said. "Punitive damages are not available under contractual breaches. "
Harris said Selvy will appeal the punitive damages if necessary.
Harris said he didn't believe it would be beneficial for his client to take part in a jury trial, arguing Selvy had plead guilty to assisting in the theft and Selvy was ordered to pay restitution.
Harris said it would be somewhat similar to someone taking a plea deal for assault and then going to trial a few days later on the assault crime.
According to court records, while the woman was in a coma, Selvy participated in four transactions involving the use of counterchecks totaling $13,300.00 -- consisting of a transaction on Sept.7,2011, in the amount of $800; a transaction on Sept. 12, 2011, in the amount of $2,000; a transaction on Sept. 19, 2011 ,in the amount of $2,000; and,a transaction on Sept.7, 2011, in the amount of $8,500.
"After discovering the transactions, Farmers Bank terminated Mr. Selvy's employment and reported the incident to the police,who arrested Mr.Selvy,interviewed him, and then reported to Farmers Bank that Mr. Selvy had admitted to his participation in the theft transactions," the court record reads. "Farmers Bank then placed a freeze on $1,096.90 in Mr. Selvy's bank account to offset against the $13,300.00 which Mr. Selvy had participated in stealing from the Farmers Bank account."
Harris said when the bank froze Selvy's account, it was Selvy's position that the seizure of his funds was not legal because the theft case had not been adjudicated at that point.
Selvy then filed suit against Farmers Bank for breach of contract, conversion (also known as civil theft),defamation,and malicious prosecution.
The court dismissed Selvy's claim against Farmers Bank
Meanwhile, the jury deliberated for about 17 minutes before awarding the bank the $100,000 in punitive damages.
mbrasfield@blythevillecourier.com