Dan RHYNE and Alice Rhyne
v.
K-MART CORPORATION, Shawn Roberts, and Joseph Hoyle.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
April 16, 2002.
April 16, 2002.
Attorney(s) appearing for the Case
Robert S. Peck, Washington, DC, Arcangela M. Mazzariello, and Gray, Layton, Kersh, Solomon, Sigmon, Furr & Smith, PA, by William E. Moore, Jr., Gastonia, for plaintiffs.
Alston & Bird, LLP, by Leigh M. Levine, Charolotte, James C. Grant (pro hac vice), and Nowell D. Berreth (pro hac vice), Atlanta, for defendant K-Mart.
Patterson, Harkavy & Lawrence, LLP, by Burton Craige, Raleigh, for North Carolina Academy of Trial Lawyers, North Carolina Friends of Residents in Long Term Care, Inc., North Carolina Justice and Community Development Center, and American Civil Liberties Union Legal Foundation of North Carolina, Amici Curiae.
Smith, Anderson, Blount, Dorsey, Mitchell & Jernigan, LLP, by James Y. Kerr, II and Johanna S. Fowler; and Maupin, Taylor & Ellis, PA by Charles B. Neely, Jr. and Thomas Farr, Raleigh, for North Carolina Citizens for Business and Industry, Amicus Curiae.
Samuel M. Taylor and Daniel J. Popeo, Washington, DC, for Washington Legal Foundation and Allied Educational Foundation, Amici Curiae.
Smith, Helms, Mulliss & Moore, LLP, by J. Donald Cowan, Jr. and Lisa Frye Garrison, Raleigh, for Product Liability Advisory Council, Amicus Curiae.
Court of Appeals of North Carolina.
THOMAS, Judge.
The primary issue in this case is whether North Carolina's General Assembly exceeded its constitutional authority in enacting a cap, or limit, on the award of punitive damages.
North Carolina General Statute § 1D-25 became effective on 1 January 1996 and placed a cap on the amount of punitive damages that could be awarded at $250,000 or three times the compensatory damages, whichever is larger.
Here, plaintiffs Dan Rhyne (Mr. Rhyne...
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