Reid v. Harbison Development Corp. ( 1986 )

Gregory, Justice

(concurring in part, dissenting in part):

I concur with the majority opinion in holding a new trial must be granted on both actual and punitive damages. However, I dissent insofar as the majority opinion gives the Reids the option of remitting $15,000.00 of actual damages in lieu of a retrial.

The jury awarded respondents $20,000.00 in actual damages although there was no evidence to support an award of more than $5,000.00. This grossly excessive award clearly influenced the $20,000.00 punitive damage award. I would hold, under the facts of this case, that both awards were obviously the product of passion, caprice or prejudice. See Rogers v. Florence Printing Co., 233 S. C. 567, 106 S. E. (2d) 258 (1958).

Accordingly, I would reverse and remand for a new trial absolute.