Shugar v. Guill

MORRIS, Chief Judge.

We first examine the questions relating to punitive damages. Defendant made motions, prior to trial, at the close of plaintiffs evidence, and at the close of all the evidence to dismiss plaintiffs claim for punitive damages on the grounds that plaintiff had failed properly to plead or to prove that claim. In each instance the court denied defendant’s motion to dismiss. At the close of the trial, the court submitted the issue of punitive damages to the jury, and the jury awarded plaintiff $2500 on that issue.

Punitive damages are recoverable only in tort actions where there…