Musser v. Smith

OPINION

JUNELL, Justice.

This appeal concerns a defamation action brought by Bob Musser, appellant, against Andrew Smith, appellee. A jury answering special issues found that a certain written statement made by Smith in a letter was libelous and made with malice and was a proximate cause of damage to Musser. The jury awarded actual or compensatory damages of $15,000 and exemplary damages of $35,000. Upon appellee’s motion for a judgment non obstante veredicto the trial court disregarded the jury’s finding as to malice and exemplary damages and judgment was entered that Musser recover only…