CONCRETE SPACES, INC. v. SENDER


2 S.W.3d 901 (1999)

CONCRETE SPACES, INC., Faux Fur, Inc., Paulette Dalton, Stuart Dalton, Plaintiffs/Appellants, v. Henry SENDER, Individually, Darren Liff, Zackary Liff, Henry Sender, Eugene Sacks and wife, Ruth Sacks, d/b/a Liff, Sender & Sacks, Tenants in Common, National Building Corp., Defendants/Appellees.

Supreme Court of Tennessee, at Nashville.

August 30, 1999.


Attorney(s) appearing for the Case

Steve North & Mark North, Madison, Abby Rubenfeld, Nashville, for Plaintiffs/Appellants.

Charles Hampton White, Richard L. Colbert, David A. King, Cornelius & Collins, Nashville, for Defendants/Appellees.


OPINION

DROWOTA, J.

We granted this appeal to address the application of the election of remedies doctrine in Tennessee and to clarify the proper procedure to be implemented when a plaintiff is entitled to both punitive damages in conjunction with a common law claim and to multiple damages pursuant to a statutory remedy. We have determined that a plaintiff is entitled to a calculation of the amount of punitive damages and multiple damages that are warranted...

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