 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hart-albin Co. v. Mclees Inc.2/17/1994
signation which it had been instructed by that organization to remove.
The decision whether or not a factual issue has been raised regarding punitive damages will have to be based on the testimony that this Court has now held to be admissible. That testimony will not change from the time that this case is shipped from our clerk's office back to the District Court. Therefore, the District Court is in no better position to rule on this issue than we are. Furthermore, this issue is properly before this Court based on the issues raised by the parties on appeal in this case.
Therefore, while I concur in the majority's decision to reverse the District Court's directed verdict on the issue of punitive damages, I dissent from that part of the majority opinion which concludes that whether or not a factual issue regarding punitive damages has been raised must necessarily be decided upon remand by the District Court.
For these reasons, and with these qualifications, I concur with part of the majority opinion, and dissent from part of that opinion.
|