Notable Items:
Appellant:
Appellee:
Venue: Court of Civil Appeals of Alabama
Issue(s) Before the Court:
Appellant's Claim(s):
that the trial court erred in awarding more than nominal damages because, ..., by neglecting to present eveidence of the difference between the value of her property immediately before and immediately after the trespass, Glass failed to establish her entitlement to damages.
Appellee's Claim(s):
that Martin has not preserved for review the issue that her failure to present evidence of the value of her property before and after the trespass means that she is not entitled to more than nominal damages because, ..., Martin did not object to her testimony regarding damages or otherwise bring the issue to the attention of the trial court.
Holding(s) and Disposition:
Held:
Disposition: Affirmed.
Material Facts:
-
-
-
- A full recounting of the facts is available below
Procedural History:
Rationale
Majority Opinion
- the trial court's damages award in this case can be upheld on the basis that, ..., Glass sought punitive damages.
- Once actual damages, even nominal damages, are established, punitive damages may be awarded it if is a proper case to do so.
- Our caselaw has recognized that the wantonness necessary for the imposition of punitive damages as to the civil trepass claim "is shown by th mere 'knowledge on the part of the defendant and the invasion of the plaintiffs rights.' "
- A full description of the rationale is available below
?? Concurrance in part, dissent in part (??)
?? Dissent (??)
Full Recounting of Facts
-
-
-
-
- A list of the material facts is available above
Majority Full Argument
-
-
-
-
- The core of the rationale is available above