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Keywords

plaintiffdefendantdamagespunitive damagescompensatory damagesexemplary damages

plaintiffdefendantdamagesappealtrialverdictpunitive damages

Related Cases

Hawkins v. Hawkins, 101 N.C.App. 529, 400 S.E.2d 472

Facts

The plaintiff, Shannon Lee Hawkins, is the adopted daughter of the defendant, James F. Hawkins. Between the ages of five and fourteen, the plaintiff was sexually abused by the defendant. In her complaint, she sought both compensatory and punitive damages for the alleged assaults and batteries committed by her father. The jury found that the defendant committed assault and battery but awarded no compensatory damages.

In her complaint the plaintiff seeks damages, compensatory and punitive, which she contends were the result of the defendant's assaults and batteries upon the plaintiff. The uncontradicted evidence at trial tended to show that the plaintiff was the adopted daughter of the defendant and that between plaintiff's ages of five and one-half years to fourteen years, the defendant sexually abused the plaintiff.

Issue

Whether the lack of an award of at least nominal damages precludes an award of punitive damages.

The sole issue presented is whether the lack of an award of at least nominal damages precludes an award of punitive damages.

Rule

Punitive damages cannot exist as an independent cause of action but are incidents of the cause of action. If a right of action exists, exemplary damages may be recovered even if the loss is nominal, as long as the plaintiff has established a cause of action.

As a general rule, '[p]unitive damages do not and cannot exist as an independent cause of action, but are mere incidents of the cause of action and can never constitute a basis for it.'

Analysis

The court determined that the jury's finding of assault and battery established the plaintiff's cause of action, which allowed for the possibility of punitive damages. The court noted that the failure to award nominal or compensatory damages was immaterial to the award of punitive damages, as the plaintiff had already proven her case. The jury was instructed on the elements of assault and battery, and their decision in favor of the plaintiff supported the punitive damages awarded.

The jurors in the present case were instructed, consistent with this opinion, on the elements of assault and battery and they decided this separate issue in favor of plaintiff, thereby establishing plaintiff's cause of action for assault and battery.

Conclusion

The court found no error in the jury's award of punitive damages and upheld the decision, affirming that the lack of nominal damages did not prevent the award.

Accordingly, we find no error in the failure of the trial court to set aside the verdict of the jury awarding punitive damages.

Who won?

The plaintiff, Shannon Lee Hawkins, prevailed in the case because the jury found that her father committed assault and battery against her, justifying the punitive damages awarded.

Defendant appeals from the entry of a jury verdict awarding $25,000.00 in punitive damages to the plaintiff.

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