Henry v. Henry

KONENKAMP, Justice.

[¶ 1.] In this case, an action for intentional infliction of emotional distress, the jury returned a verdict awarding the plaintiff punitive damages but no compensatory damages. The defendant moved to excise the punitive damage award or grant a judgment notwithstanding the verdict. The court granted a new trial on the plaintiffs motion. We find no error or abuse of discretion and affirm.

Background

[¶2.] The facts are fully detailed in Henry v. Henry, 534 N.W.2d 844 (S.D.1995) [Henry I ]. We will not discuss them at length here. Briefly, Lois and Harold Henry divorced on…