Johnson v. Painter

Gregory, Justice.

Floyd G. Painter, Sr., appeals from a jury verdict awarding respondent Roger Johnson the sum of $1,550.00 actual damages and $8,450.00 punitive damages on his cause of action for abuse of process. The punitive damages award was reduced to $3,450.00 on a motion for a new trial nisi. We reverse.

Appellant advances two grounds for reversal: (1) insufficiency of the evidence; and (2) prejudicial and improper argument to the jury by respondent’s counsel. The alleged improper argument was not objected to during the trial and any objection to the argument is deemed waived. The sole…