Legal Opinion · Concurring in part, dissenting in part
Rhyne v. K-Mart Corp.
Court of Appeals of North Carolina
Decided April 16, 2002No. COA00-1516Published
1Concurring in part, dissenting in partGreene, Judge
I concur in the majority opinion with respect to issues III and IV but write separately to voice my dissent regarding the constitutionality of N.C. Gen. Stat. § lD-25(b).
The dispositive issues are whether: (I)(A) there is a constitutionally protected right to a jury trial on the issue of punitive damages in tort actions for false imprisonment, malicious prosecution, negligence and/or intentional infliction of emotional distress; if so, (B) a legislatively imposed limitation on punitive damages impermissibly infringes on this right to a jury trial; (II) the legislatively imposed limitation on…
2Cases cited38 opinions
- Meyer v. NebraskaSupreme Court of the United States · 1923
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Reno v. FloresSupreme Court of the United States · 1993
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
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