Folz v. State

(specially concurring).

I join in the Court’s opinion dealing with the single-occurrence and emotional-distress issues. In addition, I concur in the Court’s reversal of the court of appeals on the compensatory-damage instruction issue because, as intimated by the majority, the defendants have not shown that they were prejudiced by the trial court’s instructions —that, in other words, the jury included, as part of the damage awards to the petitioners for their respective decedents’ wrongful deaths, amounts representing punitive or exemplary damages. I disagree, however, that the instruction…