Associated Independents, Inc. v. La Porte

KANNER, Acting Chief Judge.

A suit for damages was brought by plaintiff-appellee, Phyllis La Porte, against defendant-appellant, Associated Independents, Inc., a corporation engaged in the business of collecting garbage, for wilful and malicious killing of her dog through the wrongful act of its employee, a garbage collector. Verdicts and final judgment in her favor were rendered in the sums of $2,000 as compensatory damages and $1,000 punitive damages.

Appellant’s position on the appeal is that the trial court erred in charging the jury that appellee could recover for alleged mental suffering.…