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MATTISON v. DALLAS CARRIER CORP.

No. 91-3008.

947 F.2d 95 (1991)

Vivian MATTISON; Morty Ronald Mattison, Plaintiffs-Appellees, v. DALLAS CARRIER CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1991.

As Amended October 28 and November 21, 1991.

Attorney(s) appearing for the Case

George Kermit Lyall, Nelson, Mullins, Riley & Scarborough, Greenville, S.C., argued (Edwin L. Turnage, on brief), for defendant-appellant.

William Jeffry Weston, Code & Weston, P.A., Greenville, S.C., argued (Merl F. Code, on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and ELLIS, District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

Although punitive damages have been awarded in the United States in diverse circumstances for approximately two hundred years, only recently have they been awarded in such amount and with such frequency that the activity has awakened a constitutional conscience about them. In this case we hold that the South Carolina law for awarding punitive damages, applied by the district court whose jurisdiction was based on diversity...

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