Joseph v. Jefferson Stores

BARKDULL, Judge.

Appellants were plaintiffs in the trial court and recovered $5,000.00 compensatory damages and $10,000.00 punitive damages in a false imprisonment suit.

Upon a motion for new trial, the trial judge ordered a new trial unless the plaintiffs remitted $7,500.00 of the punitive damages award. The plaintiffs refused to remit, and this appeal ensued. The appellants contend the trial court erred in ordering a remittitur. Appellees cross-assign error on the failure of the trial judge to direct a verdict and in submitting the issue of punitive damages to the jury. We reverse.

The trial…