Punitive Damages in South Carolina - Five Cases You Need to Know
BMW of North America, Inc. v. Gore, 517 U.S. 559, 574, 116 S.Ct. 1589, 134 L.Ed.2d 809 (1996)."Nonetheless, because there are no rigid benchmarks that a punitive damages award may not surpass, ratios greater than those we have previously upheld may comport with due process where ‘a particularly egregious act has resulted in only a small amount of economic damages.’ [Gore]; see also ibid. (positing that a higher ratio might be necessary where ‘the injury is hard to detect or the monetary value of noneconomic harm might have been difficult to determine’). The converse is also true, however. When compensatory damages are substantial, then a lesser ratio, perhaps only equal to compensatory damages, can reach the outermost limit of the due process guarantee. The precise award in any case, of course, must be based upon the facts and circumstances of the defendant's conduct and the harm to the plaintiff.".
This is the case that outlined the "guideposts" for reviewing punitive damage awards.
Mathias v. Accor Economy Lodging, Inc., 347 F.3d 672 (7th Cir. 2003)
This is the "bedbug" case written by Judge Posner; affirming $5,000 actual and $186,000 punitive awards per plaintiff, following the language from Campbell and Gore.
Atkinson v. Orkin Exterminating Co., Inc., 361 S.C. 156, 604 S.E.2d 385 (2004)
Atkinson discusses and applies Campbell, Gore, and Mathias.
Webb v. CSX Transp., Inc., 364 S.C. 639, 615 S.E.2d 440 (2005)
Webb is the latest application of Campbell and Gore in South Carolina.
As a layman it would be helpful if you linked these cases to the full case text on the SC Judicial site
If anyone can tell me how to obtain copies of the above referenced five cases it would be most graciously appreciated. I am about to file forgery charges on a car dealership in South Carolina. I am retired with SS as my only income.I need all the help I can get. Thanks in advance....Larry
