· 4/4/1994
Toyota of Florence, Inc. v. Lynch
Citations
- 442 S.E.2d 611
- 314 S.C. 257
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling there was no prohibition against recovery of multiple damages and punitive damages where the legislature intended both to be recoverable
- holding the vicious and inflammatory use of racial prejudice in counsel's closing argument resulted in clear prejudice such that the appellant was entitled to a new trial
- holding a new trial should be granted, despite the lack of contemporaneous objections to closing argument, where counsel used posters in closing argument that invoked racial stereotypes and were highly prejudicial
- categorizing the defendants’ conduct as constructive contempt where they created pretrial publicity a week before trial
- upholding award of double damages and punitive damages where statutorily authorized
- although not condoning the procedural default, this Court overlooked the lack of a contemporaneous objection to an outrageous, vicious and inflammatory jury argument, and reversed and remanded a jury's verdict
Source: CourtListener parenthetical corpus (CC0).
Judges: Finney, Toal, Moore, Bristow, Cureton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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