Watson v. Dixon

511 S.E.2d 37, 132 N.C. App. 329, 14 I.E.R. Cas. (BNA) 1491, 1999 N.C. App. LEXIS 121, 1999 WL 68312
CourtCourt of Appeals of North Carolina
DecidedFebruary 16, 1999
DocketCOA97-638
StatusPublished
Cited by9 cases

This text of 511 S.E.2d 37 (Watson v. Dixon) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson v. Dixon, 511 S.E.2d 37, 132 N.C. App. 329, 14 I.E.R. Cas. (BNA) 1491, 1999 N.C. App. LEXIS 121, 1999 WL 68312 (N.C. Ct. App. 1999).

Opinions

TIMMONS-GOODSON, Judge.

Only the facts necessary for determination of the issue on rehearing are set out here. For a more complete statement of the facts of this case, see this Court’s previous opinion at 130 N.C. App. 47, 502 S.E.2d 15. Plaintiff Sarah Joan Watson initiated this action against defendants Bobby Dixon (Dixon) and Duke University (Duke) on 22 October 1992, alleging claims for intentional infliction of emotional distress, negligent infliction of emotional distress, negligent hiring, negligent retention and assault. By order dated 18 July 1995, plaintiff’s claims against Duke for assault, negligent infliction of emotional distress, and negligent hiring, as well as plaintiff’s claim against Dixon for negligent infliction of emotional distress, were dismissed. Plaintiff’s remaining claims against Duke for intentional infliction of emotional distress and negligent retention, and against Dixon for assault and intentional infliction of emotional distress, were tried before Judge A. Leon Stanback, Jr. and a duly empaneled jury during the 23 September 1996 civil session of Durham County Superior Court.

[331]*331By verdict returned on 10 October 1996, the jury determined that Dixon was not liable for an assault on Watson, and that Duke was not liable for the negligent retention of Dixon. The jury did find, however, (1) that Dixon was liable for the battery of Watson and awarded her $100 in compensatory damages; and (2) that Dixon was liable for intentional infliction of emotional distress and that Duke had ratified Dixon’s actions in inflicting this emotional distress, and awarded Watson compensatory damages in the amount of $100,000, and punitive damages in the amount of $5,000 from Dixon and $500,000 from Duke. Judge Stanback entered judgment on the jury’s verdict on 21 October 1996.

Thereafter, defendants made oral motions for judgment notwithstanding the verdict (j.n.o.v.) or, in the alternative, for a new trial, which were summarily denied. On 28 October 1996, defendant filed written motions for j.n.o.v. or, in the alternative, for a new trial, or in the alternative, for a remittitur as to damages. These motions were heard on 7 November 1996, and by order entered 15 November 1996, Judge Stanback denied defendants’ motions. Defendants appealed.

In this Court’s decision filed 7 July 1998, we affirmed that part of the trial court’s judgment on plaintiff’s claims against Dixon for intentional infliction of emotional distress and against Duke for ratification. However, we reversed and remanded for determination of the amount of punitive damages to be awarded against Dixon and Duke. Plaintiff and defendants petitioned for rehearing, and by orders entered 9 September 1998, we allowed these petitions, without additional briefing or oral argument, for the limited purpose of addressing the propriety of the punitive damage awards against Dixon and Duke. In all other respects, the original opinion of this Court filed 7 July 1998 is adopted and reaffirmed.

On rehearing, plaintiff contends that defendants are not entitled to reversal of the punitive damage awards against Dixon and Duke since defendants invited error in the trial court by joining in plaintiff’s request that a separate punitive damage issue be submitted to the jury as to each defendant. Defendants contend that a retrial on the sole issue of punitive damages would violate the United States and North Carolina Constitutions and existing North Carolina case law. Indeed, defendants argue that precedent compels this Court to limit the award against Duke.

We are well aware of the recent change in North Carolina’s Punitive Damages Statute, Chapter ID of our General Statues, which [332]*332requires that “[t]he same trier of fact that tried the issues relating to compensatory damages shall try the issues relating to punitive damages.” N.C. Gen. Stat. § ID-30 (1997). We note, however, that this provision of section ID-30 does not govern the instant case, as this case originated prior to the enactment of the subject restriction on the trial of compensatory and punitive damages. We are also aware of the line of cases wherein it has been held that “when an employer’s liability is solely derivative under a theory of vicarious liability, such as respon-deat superior or ratification, the liability of the employer cannot exceed the liability of the employee.” Poole v. Copland, Inc., 125 N.C. App. 235, 246, 481 S.E.2d 88, 95 (1997), rev’d on other grounds, 348 N. C. 260, 498 S.E.2d 602 (1998); see also Thompson v. Lassiter, 246 N.C. 34, 38, 97 S.E.2d 492, 496 (1957); Pinnix v. Griffin, 221 N.C. 348, 351, 20 S.E.2d 366, 369 (1942). However, we do not believe that this precedent is prohibitive of the award of punitive damages in the present case- — $5,000 against Bobby Dixon and $500,000 against Duke.

This matter originally came before us on appeal from an order of the trial court denying their motion for j.n.o.v or, in the alternative, for a new trial, or in the alternative, for a remittitur as to damages. A motion for judgment notwithstanding the verdict is properly denied where the court finds more than a scintilla of evidence to support each element of the non-moving party’s case. Lyon v. May, 119 N.C. App. 704, 707, 459 S.E.2d 833, 836 (1995). Moreover, it is well settled that a motion for a new trial is granted in the sole discretion of the trial court. Edwards v. Hardy, 126 N.C. App. 69, 71, 483 S.E.2d 724, 726 (1997). Finally, the trial court is vested with the discretion to reduce the verdict on its own motion so long as the party in whose favor it was rendered does not object. Redevelopment Comm. v. Holman, 30 N.C. App. 395, 397, 226 S.E.2d 848, 849 (1976). This Court has previously held, “[a] discretionary ruling by the trial judge should not be disturbed on appeal unless the appellate court is convinced by the cold record that the ruling probably amounted to a substantial miscarriage of justice.” Boyd v. L. G. DeWitt Trucking Co., 103 N.C. App. 396, 406, 405 S.E.2d 914, 921 (1991). After a thorough examination of all of the parties’ contentions and North Carolina case law, we hold that there was sufficient evidence to support the punitive damages awarded against Dixon and Duke, and therefore, wholly affirm that award.

“[P]unitive damages are awarded above and beyond actual damages and intended to punish[.]” Maintenance Equipment Co. v. Godley Builders, 107 N.C. App. 343, 354, 420 S.E.2d 199, 205 (1992). [333]*333Accordingly, “the jury is allowed to consider the circumstances of defendants’ conduct and financial position when setting the [amount of a punitive damage] award.” Id.

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Bluebook (online)
511 S.E.2d 37, 132 N.C. App. 329, 14 I.E.R. Cas. (BNA) 1491, 1999 N.C. App. LEXIS 121, 1999 WL 68312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-dixon-ncctapp-1999.