Pilkenton v. Eubanks

Webb, Judge.

Mr. and Mrs. Pilkenton and their minor son sued Eubanks for injuries to person and property arising from an automobile collision. The jury returned a verdict of $4,000 for Mr. Pilkenton and $500 each for his wife and son, and this was made the final judgment of the trial court.

1. Appellants contend that the trial court erred in failing to charge on punitive and vindictive damages. Code §§ 105-2002 and 105-2003.(a) The pre-trial order recites that appellants relied upon Code Ann. § 105-2003 as the sole basis for recovery of vindictive damages. Since this order was not modified it…