Sarah M. Spaeth v. Union Oil Company of California, a Corporation

BREITENSTEIN, Circuit Judge.

This case is before the court for the second time. See Spaeth v. Union Oil Company of California, 10 Cir., 710 F.2d 1455. The only question raised on the appeal is the amount of punitive damages. On the first appeal we held that the plaintiff-appellee, Spaeth, was entitled to recover punitive damages. Id. at 1460. This is the law of the ease. Major v. Benton, 10 Cir., 647 F.2d 110, 112. The jury had awarded $3,000,000.00 in punitive damages and actual damages of $22,807.00. Spaeth, supra, 710 F.2d at 1458. We said that “the punitive award shocks our collective…