Peacock v. J.C. Penney Co.

BUTZNER, Senior Circuit Judge:

Timothy F. Peacock, personal representative for the estate of his wife, Ann Peacock, brought a wrongful death action for compensatory and punitive damages against J.C. Penney Company, Inc. The jury found for Peacock and awarded compensatory damages. Penney contends that the trial court erred by not directing a verdict on the ground that Ann Peacock was contributorily negligent as a matter of law. Peacock cross-appeals the trial court’s refusal to submit his claim for punitive damages to the jury. We affirm the judgment of the district court.

Ann Peacock died when…