HENRY v. HENRY

No. 20779.

604 N.W.2d 285 (2000)

2000 SD 4

Lois F. HENRY, Plaintiff and Appellee, v. Harold L. HENRY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 12, 2000.


Attorney(s) appearing for the Case

Stephanie E. Pochop of Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, for plaintiff and appellee.

William D. Gerdes of Gellhaus, Gerdes & Gellhaus, Aberdeen, for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] In this case, an action for intentional infliction of emotional distress, the jury returned a verdict awarding the plaintiff punitive damages but no compensatory damages. The defendant moved to excise the punitive damage award or grant a judgment notwithstanding the verdict. The court granted a new trial on the plaintiff's motion. We find no error or abuse of discretion and affirm.

Background

[¶ 2.] The facts...

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