Drug Emporium, Inc. v. Peaks

I concur in the majority’s Division 1 and respectfully dissent as to the remainder of the opinion.

1. OCGA § 51-12-5.1 (b) provides that where a “defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences,” the jury may consider additional damages “solely to punish, penalize, or deter a defendant,” under OCGA § 51-12-5.1 (c). Actions for “false imprisonment,” “false arrest,” “slander,” and “intentional infliction of emotional distress,” are all intentional…