T.C.B. Construction Co. v. W.C. Fore Trucking, Inc.

ON WRIT OF CERTIORARI

KITCHENS, Justice,

for the Court:

¶ 1. In this breach of contract case, we granted the plaintiffs petition for writ of certiorari to review the Court of Appeals’ decision affirming the trial court’s refusal to submit the issue of punitive damages to the jury. T.C.B. Constr. Co. v. W.C. Fore Trucking, Inc., 134 So.3d 752 (Miss.Ct.App.2012). Finding that the plaintiff presented clear and convincing evidence that the defendant exhibited bad faith in breaching the contract, we reverse the Court of Appeals on this issue, and remand the case to the trial court for a jury to…