Prendergast v. Craft

I agree with the majority that there is no merit to Prendergast’s first and third points. I, however, disagree with the majority’s and the concurrence’s conclusion that most of Prendergast’s challenge to the punitive damage award was not preserved and that the majority’s decision that the award was proper.

First, I note that Prendergast did make a directed-verdict motion. In it, he argued that Williams was not entitled to damages because his reliance on the deed was not reasonable. If he argued that no damages should be awarded, why does he also have to argue that punitive damages are also not…