H & H SUBS, INC. v. Lim

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing an award of prejudgment interest under OCGA § 13-6-13 when plaintiffs had elected to sue defendant in tort rather than in contract and when they had sought punitive damages, “which are not recoverable on a contract claim”
• reversing award of punitive damages for fraud when no instruction defined the “clear and convincing evidence” necessary to award those damages; the trial court is obligated to define this standard of proof “even in the absence of a request to charge”
• “Punitive damages are authorized under [OCGA § 51-12-5.1 (b)] when fraud is established.”
• denial of defendant’s request to charge “clear and convincing” definition harmful when the evidence was sufficient to submit the punitive damage issue to the jury but was otherwise not overwhelming
• award of both punitive damages and prejudgment interest improper
• \ Section 13-6-13 applies to contract actions.\

Source: CourtListener parenthetical corpus (CC0).