CASSEL v. SCHACHT

No. 2 CA-CIV 4881.

140 Ariz. 502 (1984)

683 P.2d 301

James R. CASSEL, Jr. and Robyn Cassel, husband and wife, Plaintiffs/Appellants, v. Carl SCHACHT and Jane Doe Schacht, husband and wife, Defendants, and Progressive Casualty Insurance Company, Garnishee/Appellee.

Court of Appeals of Arizona, Division Two.

Review Granted May 1, 1984.


Attorney(s) appearing for the Case

Corey, Farrell & Bogutz, P.C. by Barry M. Corey, Tucson, for plaintiffs/appellants.

Leonard Everett, Tucson, for garnishee/appellee.


OPINION

HATHAWAY, Judge.

Plaintiff/appellant James Cassel was struck by a car driven by Carl Schact and sued Schact for negligent operation of an automobile. Appellant was successful at trial and the jury awarded him $7,000 in compensatory damages and $1,800 in punitive damages. Appellee Progressive Casualty Insurance Company, Schact's insurer, paid the $7,000 compensatory award and court costs but refused to pay the judgment for punitive damages. Appellant...

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