Mitchell v. Pla-Mor, Inc.

ASCH.EMEYER, C.

[ 189] This is an action, in two counts, to recover damages for two assaults alleged to have been committed upon plaintiff (appellant) by employees of defendant (respondent). Appellant’s petition prayed for actual damages- of $5,000.00 and punitive damages in the same amount upon each [190] count or a total of $20,000.00. The jury returned a verdict for $2500.00 actual damages and $2500.00 punitive damages upon each count or a total verdict of $10,000.00. The trial court granted a new trial "because the. verdict of the jury is so grossly excessive that it shocks the conscience…