Clouse v. Chairtown Motors, Inc.

MORRIS, Judge.

Plaintiff’s Appeal

Plaintiff assigns error to the action of the trial judge, allowing the defendant’s motion for a directed verdict on the issue of punitive damages, G.S. 1A-1, Rule 50(a). Plaintiff contends that, under the facts of this case, the issue of punitive damages should have been submitted to the jury.

In North Carolina, whether a party may recover punitive damages in an action for fraud depends on the character of the acts alleged to constitute fraud in each case. Swinton v. Realty Co., 236 N.C. 723, 73 S.E. 2d 785 (1953).

“In ordinary cases a recovery of exemplary,…