· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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