Legal Opinion

McAlhaney v. McElveen

Court of Appeals of South Carolina

Decided July 15, 2015No. Appellate Case No. 2010-167969; No. 5328Published

1Opinion of the CourtFew, C.J.

Richard K. McElveen, Sr. appeals the trial court’s denial of his motion for a new trial, arguing the trial court erred in ruling the jury’s award of punitive damages against him was not so grossly excessive as to shock the conscience of the court. We affirm.

I. Facts and Procedural History

This appeal arose from a custody dispute between McEl-veen and his former daughter-in-law — Molly McCullers McEl-veen (McCullers) — over her two children, who are McElveen’s grandchildren. When the custody dispute began, Matthew McAlhaney was dating McCullers. In an attempt to gain an advantage in the custody…

2Cases cited11 opinions

  1. Clark v. CantrellSupreme Court of South Carolina · 2000
  2. Ford v. HutsonSupreme Court of South Carolina · 1981
  3. Laird v. Nationwide InsuranceSupreme Court of South Carolina · 1964
  4. Rush v. BlanchardSupreme Court of South Carolina · 1993
  5. Berberich v. JackSupreme Court of South Carolina · 2011

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