1. Home
  2. Browse Decisions
  3. S.C.
  4. 388 S.C.
  5. 388 S.C. 246 (2010)
 

O'NEILL v. SMITH

No. 26826.

388 S.C. 246 (2010)

695 S.E.2d 531

Patricia O'NEILL and Michael O'Neill, Plaintiffs, v. Ormega SMITH and Yolanda Adams, Defendants.

Supreme Court of South Carolina.

Decided June 14, 2010.

Attorney(s) appearing for the Case

John S. Nichols and Blake A. Hewitt, both of Bluestein, Nichols, Thompson & Delgado, of Columbia, for Plaintiffs.

Robert A. McKenzie and Damon C. Wlodarczyk, both of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for State Farm Mutual Automobile Insurance Company, the Plaintiffs' Underinsured Motorist Carrier.

Justice BEATTY:

The question certified to this Court asks whether it would violate South Carolina's public policy for a plaintiff to seek an award of punitive damages in a tort action after signing a covenant not to execute against a defendant. We answer in the negative, holding it does not violate public policy because punitive damages serve additional purposes beyond merely punishing a specific individual, and the public policy as expressed in S.C.Code Ann. §...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases