Dan RHYNE and Alice Rhyne
v.
K-MART CORPORATION, Shawn Roberts, and Joseph Hoyle.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
April 2, 2004.
April 2, 2004.
Attorney(s) appearing for the Case
Center for Constitutional Litigation, P.C., by Robert S. Peck, pro hac vice; Gray, Layton, Kersh, Solomon, Sigmon, Furr & Smith, P.A., by William E. Moore, Jr.; and Arcangela M. Mazzariello, Gastonia, for plaintiff-appellees and -appellants.
Alston & Bird LLP, by James C. Grant, pro hac vice; and Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr. and Sean E. Andrussier, Raleigh, for defendant-appellees and -appellants.
Patterson, Harkavy & Lawrence, L.L.P., by Burton Craige, on behalf of the North Carolina Academy of Trial Lawyers; North Carolina Friends of Residents in Long Term Care, Inc.; American Civil Liberties Union Legal Foundation of North Carolina; and North Carolina Justice and Community Development Center, amici curiae.
Smith Moore, LLP, by J. Donald Cowan, Jr. and Lisa Frye Garrison, Greensboro, on behalf of the Product Liability Advisory Council, Inc., amicus curiae.
Shook, Hardy & Bacon, L.L.P., by Bruce O. Jolly, Jr., Washington, DC, on behalf of the American Tort Reform Association and the National Association of Manufacturers, amici curiae.
Moore & Van Allen, by George M. Teague; and North Carolina Retail Merchants Association, by Andrew Ellen, General Counsel, on behalf of the North Carolina Citizens for Business and Industry, amicus curiae.
Helms Mulliss & Wicker, PLLC, by Robert H. Tiller; and Robbins, Russell, Englert, Orseck & Untereiner, LLP, by Alan E. Untereiner, pro hac vice, on behalf of the Chamber of Commerce of the United States, amicus curiae.
Boyce & Isley, PLLC, by Philip R. Isley; and Washington Legal Foundation, by Paul D. Kamenar, pro hac vice, on behalf of the Washington Legal Foundation and the Allied Educational Foundation, amici curiae.
Supreme Court of North Carolina.
BRADY, Justice.
The issues presented by the instant case concern the constitutionality and applicability of N.C.G.S. § 1D-25, a statute which limits the amount of punitive damages recoverable in civil actions. We conclude that N.C.G.S. § 1D-25 is not violative of the North Carolina Constitution and applies to limit recovery of punitive damages per each plaintiff, even where multiple plaintiffs are joined together in one suit. Accordingly, we affirm the opinion...
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