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AmSouth Bank v. Gupta11/21/2002
er punitive damages, but said nothing to the effect that it should award punitive damages. He actually went out of his way to clarify that it should not consider punitive damages unless it first got past the actual damages issue. The judge's decision to allow the jury to consider punitive damages had no effect on the jury's decision that they were warranted or their amount.
. Because the actual damages were correct, the punitive damages were justified, and the jury instruction was, in no way, prejudicial to AmSouth, I respectfully dissent and would affirm the damages awarded in the trial court.
McRAE, P.J., JOINS THIS OPINION.
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