Carla Denise Garrison v. Target Corporation

Syllabus

We granted cross-petitions for a writ of certiorari to review Garrison v. Target Corporation, 429 S.C. 324, 838 S.E.2d 18 (Ct. App. 2020) and determine whether the court of appeals erred in (1) affirming the trial court's denial of Target's motion for a judgment notwithstanding the verdict (JNOV) as to liability based on a theory of constructive notice (2) holding the statutory cap on punitive damages pursuant to section 15-32-530 of the South Carolina Code (Supp. 2020) is an affirmative defense (3) instructing the trial court to consider on remand the potential harm caused by Target's conduct in evaluating the constitutionality of the amount of punitive damages and (4) refusing to award interest on punitive damages under Rule 68, SCRCP. We affirm as modified in part, reverse in part, and remand this matter to the trial court for further proceedings consistent with this opinion.