Wal-Mart Stores, Inc. v. Forkner

Judge Harold R. Banke.

Wal-Mart Stores, Inc. (“Wal-Mart”) appeals the punitive damages awarded by the default judgment entered on behalf of Tommy O. Forkner.

Forkner sued Wal-Mart for assault and battery and false imprisonment and sought general and punitive damages. Forkner’s complaint alleged that Wal-Mart had acted wilfully with conscious indifference to consequences and an entire want of care. After Wal-Mart failed to file an answer or defensive pleadings, despite being properly served, the trial court entered a default judgment on the issue of liability. Prior to the trial to determine…