Vickery v. Evans, 10SC281 (Dec. 12, 2011)

A family fight with the in-laws ends with a punitive damages award, the amount of which is increased by adding prejudgment interest to the compensatory damages, to get “actual damages.” After contentious litigation between a wife and her late husband’s mother over his estate, the wife successfully sued her mother-in-law for malicious prosecution and defamation. She also won punitive damages. The trial court capped punitive damages to equal compensatory damages before adding prejudgment interest.  The court of appeals affirmed, but the Supreme Court reversed. The Court held that prejudgment interest should be added to compensatory damages, to get the “actual damages” paid by a defendant.  Punitive damages are then statutorily limited to an amount equal to actual damages.

Advertisements

Leave a comment

Filed under Uncategorized

Brief this Case

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s