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Hundley v. Rite Aid of South Carolina2/28/2000
t it can be totally prevented from operating a pharmacy for precisely the kind of conduct alleged to have occurred here.
Furthermore, the inquiry is not confined to the specific provisions governing pharmacies. The misconduct established at trial is that of recklessness in the management of a facility and personnel dispensing drugs, which may proximately cause serious bodily injury to others. The danger inherent in the handling of drugs is reflected in the comprehensiveness of the regulatory scheme. See ยง 40-43-10 et seq. (1986 & Supp. 1999). It is analogous to the danger associated with instrumentalities having a like capability to cause harm, such as the operation of automobiles and the handling of weapons. This analogy reveals many instances in South Carolina statutory and common law whereby reckless conduct causing severe injury or death subjects the actor to substantial criminal penalties. Consequently, we conclude the sanctions historically and presently imposed under South Carolina law provide consistent notice that a substantial penalty may be imposed for reckless conduct in the handling of substances which are likely to cause serious harm to others.
We end our analysis where we began it, with the recognition that " he amount of damages, actual and punitive, remains largely within the discretion of the jury, as reviewed by the trial court." Gamble, 305 S.C. at 112, 406 S.E.2d at 355. We conclude the punitive damages awarded were not so grossly excessive as to violate due process. The trial court adequately instructed the jury as required under Gamble, and conducted an appropriate post-verdict review, arriving at well-reasoned conclusions amply supported by the record. Likewise, the trial court's decision to deny a discretionary reduction in the award is not controlled by any error of law, and we find no abuse of discretion.
For the foregoing reasons, the judgments are
AFFIRMED.
CONNOR and HEARN, JJ., concur.
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