Elliott v. McDaniel

Blackburn, Judge.

In Elliott v. McDaniel, 224 Ga. App. 848 (5) (483 SE2d 104) (1996), this Court imposed the punitive damages cap of OCGA § 51-12-5.1 (g) on the basis that the jury did not make a separate finding that the Elliotts acted wdth specific intent to cause McDaniel harm in this action for fraud and misrepresentation. In McDaniel v. Elliott, 269 Ga. 262 (497 SE2d 786) (1998), the Supreme Court reversed this Court’s holding in that case, and held that the jury necessarily found specific intent to harm as an essential element of McDaniel’s intentional fraud claim. The Court then,…