Legal Opinion · Concurring in part, dissenting in part
Bud Wolf Chevrolet, Inc. v. Robertson
Indiana Court of Appeals
Decided June 1, 1987No. 2-1084-A-322Published
1Concurring in part, dissenting in partBuchanan, Judge
Although I concur with the reaffirmation that Bud Wolf did not waive its right to object to the sufficiency of the evidence to support the award of punitive damages, I cannot agree that the evidence and instructions presented to the jury were so inadequate that we are now required to reverse our earlier decision regarding the $75,000 punitive damages award.
In Travelers Indem. Co. v. Armstrong (1982), Ind., 442 N.E.2d 349, our supreme court explained:
"[P junitive damages should not be allowable upon evidence that is merely consistent with the hypothesis of malice, fraud, gross negligence, or…
2Cases cited5 opinions
- Travelers Indemnity Co. v. ArmstrongIndiana Supreme Court · 1982
- Orkin Exterminating Co., Inc. v. TrainaIndiana Supreme Court · 1986
- Miller Pipeline Corp. v. BroekerIndiana Court of Appeals · 1984
- Bud Wolf Chevrolet, Inc. v. RobertsonIndiana Court of Appeals · 1986
- Hanas v. RasmussenIndiana Court of Appeals · 1985