Citizens & Southern National Bank v. Bougas

While I concur in the result reached by the majority, I do not do so for the same reasons.

The question presented on certiorari was whether a creditor, who becomes aware during the course of litigation that he is not entitled to all or part of a demanded debt, is subject to an award of punitive *415damages against him by virtue of pursuing the litigation.

The majority reasons that the actions of the bank in setting off attorney fees on a debt that was clearly due, when viewed at the time of the set off, does not satisfy the statutory test for submission of punitive damages to the jury. The decision…