Cerminara v. California Hotel and Casino

OPINION

This is an appeal from an order granting judgment notwithstanding the verdict following a jury verdict. The trial judge held that as a matter of law, the jury’s punitive damage award could not be sustained. We disagree and reverse.

The Facts

Appellant Cerminara was a regular patron at respondent Sam’s Town Hotel and Casino. During the evening of September 4, 1983, Randy Vickrey and his wife Lisa joined Cerminara and Cerminara’s brother-in-law Mike Morabito at Sam’s Town’s dance hall. Around 1:30 a.m., after spending a couple of hours at the hall, all four decided to leave. Randy Vickrey…