Carey v. After the Gold Rush

SMITH, Judge.

Plaintiff Carey appeals a judgment of the trial court entered upon jury verdicts awarding him nominal damages of $1.00 on his claim for assault, and awarding him exemplary damages of $500. On appeal, plaintiff claims an award of nominal damages will not support an award of exemplary damages. We affirm.

Defendant, After the Gold Rush, operates an establishment licensed to sell 3.2% beer. Plaintiff, a patron of defendant, alleged that defendant’s agents and employees assaulted and battered him.

The jury found in favor of defendant on plaintiffs claim of battery, but in favor of…