Smith v. Hill

I cannot agree with the majority opinion on the construction and constitutionality of the controverted statute, and find certain ambiguities and inconsistencies in that opinion. Therefore, I am obliged to dissent.

Primarily, I cannot accept the premise of the majority opinion that “The legislature in adopting the act in question has merely held as public policy that punitive damages cannot be recovered under the action in question.” That statement is in direct conflict with the terms of the act, and also with the prior portion of the opinion holding that the statute bars damages for the…