Club Mediterranee v. Stedry

A review of the record in this case leaves one convinced that, indeed, plaintiff-appellee had a lousy vacation. However, the question to which that conclusion is a response is not the issue which we must decide from an appellate standpoint; nor was it the issue before the trial judge. I can even go so far as to agree with the majority that the circumstances show a breach of contract so that compensatory damages may be allowable. But I simply cannot find that the conduct of the defendant here rises to the level of fraud so as to authorize the award of punitive damages. Contrary to the…