Daiss v. Woodbury

Court of Appeals of Georgia

Daiss v. Woodbury

293 S.E.2d 876, 163 Ga. App. 88, 1982 Ga. App. LEXIS 2410

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1982

Docket63875

StatusPublished

Cited by7 cases

This text of 293 S.E.2d 876 (Daiss v. Woodbury) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daiss v. Woodbury, 293 S.E.2d 876, 163 Ga. App. 88, 1982 Ga. App. LEXIS 2410 (Ga. Ct. App. 1982).

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Opinion

McMurray, Presiding Judge.

This is an action for damages arising from an alleged assault and battery upon the plaintiff by the defendants. On the trial of the case the jury returned a verdict in favor of the plaintiff and against the defendants in the sum of $21,000 punitive damages and $1,600 attorney fees, “and no recovery for pain and suffering.” The trial court’s judgment followed the verdict and defendants appeal. Held:

Although defendants have raised 19 enumerations of error alleging various errors of law during the progress of the case sub judice, we find that a single issue is dispositive of this appeal. As recently stated by this court in Wade v. Culpepper, 158 Ga. App. 303, 305 (279 SE2d 748), punitive damages are not recoverable when there is no entitlement to compensatory (“actual”) damages. “The award of punitive damages and attorney fees, in the absence of any finding of actual damages, is improper as a matter of law... [i]t follows that all of that part of the verdict finding liability ... is void. A judgment based on such a verdict will be set aside.” Wade v. Culpepper, 158 Ga. App. 303, 305, supra.

Judgment reversed.

Banke and Birdsong, JJ, concur.

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McMurray, Presiding Judge.

This is an action for damages arising from an alleged assault and battery upon the plaintiff by the defendants. On the trial of the case the jury returned a verdict in favor of the plaintiff and against the defendants in the sum of $21,000 punitive damages and $1,600 attorney fees, “and no recovery for pain and suffering.” The trial court’s judgment followed the verdict and defendants appeal. Held:

Although defendants have raised 19 enumerations of error alleging various errors of law during the progress of the case sub judice, we find that a single issue is dispositive of this appeal. As recently stated by this court in Wade v. Culpepper, 158 Ga. App. 303, 305 (279 SE2d 748), punitive damages are not recoverable when there is no entitlement to compensatory (“actual”) damages. “The award of punitive damages and attorney fees, in the absence of any finding of actual damages, is improper as a matter of law... [i]t follows that all of that part of the verdict finding liability ... is void. A judgment based on such a verdict will be set aside.” Wade v. Culpepper, 158 Ga. App. 303, 305, supra.

Judgment reversed.

Banke and Birdsong, JJ, concur.

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Bluebook (online)

293 S.E.2d 876, 163 Ga. App. 88, 1982 Ga. App. LEXIS 2410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daiss-v-woodbury-gactapp-1982.

Opinion

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