Moosmeier v. Johnson

(concurring in part and dissenting in part). '

I concur on Issues I and II, but dissent as to Issue III.

On the punitive damage issue, the majority opinion vaults technicality (form) over substance. It is implicit, within the finding by this jury of undue influence, that fraud might well have been perpetrated upon the aggrieved. Further, the language contained in Hannahs v. Noah, 83 S.D. 296, 303, 158 N.W.2d 678, 682 (1968), provides precedent in this Court, for the submission of punitive damages to the jury. It states: “ ‘[Ejxemplary damages are recoverable in all actions for damages based…