Legal Opinion · Dissent
Tanner v. Ebbole
Court of Civil Appeals of Alabama
Decided September 23, 2011No. 2091121 and 2100172PublishedCited by 1 opinion
1DissentMoore, Judge
Although I agree that the actions of Paul Averette, Jr., Victoria Louise Tanner, and Demented Needle, LLC (“the defendants”), were reprehensible and warrant punitive damages, I also conclude that the amount of the punitive damages awarded far exceeds any actual damage caused to Chassity Greech Ebbole and that those awards will financially devastate the defendants, a result not intended by punitive-damages awards. I, therefore, dissent.
First, I acknowledge that the law presumes damages in case of defamation per se. However, in this case, the jury originally assessed $0 in compensatory damages…
2Cases cited16 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
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- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- TXO Production Corp. v. Alliance Resources Corp.Supreme Court of the United States · 1993
- Quock Ting v. United StatesSupreme Court of the United States · 1891
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3Cited by1 opinion
- Tanner v. EbboleCourt of Civil Appeals of Alabama · 2011