Johnson v. Hugo's Skateway

While I concur with the majority opinion to the extent that it affirms Johnson’s compensatory damages award and his entitlement to some amount of punitive damages,1 I dissent from the majority’s decision, on due process grounds, to vacate and remand the punitive damages award of $175,000 for a new trial as to the amount thereof. Because I believe that the award comports with due process, in that the punitive damages jury instructions and evidence presented sufficiently constrained the jury’s discretion, I would affirm the $175,000 punitive damages award.2

At the outset, I am compelled to point…