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· 12/10/1958

Rogers Ex Rel. Rogers v. Florence Printing Co.

Citations

  • 106 S.E.2d 258
  • 233 S.C. 567
  • 1958 S.C. LEXIS 102

How courts have described this case

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

  • noting that the defendant “should not be heard to complain that the jury made its award without such [net worth] information, where he himself testified and did not offer it”
  • explaining that punitive damages are appropriate only when a tortfeasor, at the time of his malfeasance, \would then have been conscious of it as an inva- sion of the plaintiff’s rights\ (emphasis added)
  • punitive damages question is best left to the jury to “arrive at a fair award of such damages whether or not evidence be offered as to the defendant’s financial worth”
  • The general test for the availability of punitive damages is whether, at the time of the act or omission, the tortfeasor was “conscious, or chargeable with consciousness, of his wrongdoing.”
  • the jury may also consider the nature of the defendant’s wrongdoing
  • Individual has standing to bring punitive damage claim rather than public; punitive damages are gauged or allocated as to the “willfulness” of a defendant and operate to punish the wrongdoer, and warn others

Source: CourtListener parenthetical corpus (CC0).

Judges: Legge, Stukes, Taylor, Oxner, Moss

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.