Walczak v. Healy
| Decision Date | 28 June 1971 |
| Citation | 280 A.2d 728 |
| Parties | Francis WALCZAK, Plaintiff, v. Thomas M. HEALY, Defendant. |
| Court | Delaware Superior Court |
Ben T. Castle, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff.
James F. Kipp, of Becker, Kipp & Reardon, Wilmington, for defendant.
On January 18, 1971, a jury awarded damages to Francis Walczak in the amount of $750 compensatory and $2500 punitive or exemplary. Defendant claims that both these awards were grossly excessive and asks for a new trial or remittitur.
The total special damages amounted to $87.00, which includes $25 for loss of one day's work. Plaintiff received bone bruises to both knees which resulted in some limping, physical pain and discomfort to him for approximately four months. I cannot say under the facts that the amount awarded shocks the conscience of this Court.
Punitive or exemplary damages are allowed not by way of compensation for injuries, but as punishment to the tortfeasor when his wrongful act was committed wilfully or wantonly. Riegel v. Aastad, Del.Supr., 272 A.2d 715. Normally, the award should not be disproportionate to the award given for compensatory damages. Reynolds v. Willis, Del.Supr., 209 A.2d 760.
In Sheats v. Bowen, D.C.Del., 318 F.Supp. 640, Judge Latchum concluded that the Delaware proportionality rule, adopted in Reynolds, means:
No rule of thumb may be formulated to apply in all cases in determining whether the award is an excessive one. Basden v. Mills, Okl., 472 P.2d 889, 895. Here, the award is 3 1/3 times the compensatory award. In Riegel, the Supreme Court reduced a $60,000 punitive award to $10,000, after affirming the $90,000 compensatory award, because of the 'unprecedented amount * * * allowed'. It stated, 272 A.2d page...
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Biswell v. Duncan
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Stephenson v. Capano Development, Inc.
...damages, Reynolds v. Willis, Del.Supr., 209 A.2d 760 (1965), but no particular ratio can be fixed in the abstract. Walczak v. Healy, Del.Super., 280 A.2d 728 (1971). Instead, the relative size of the awards depends upon the facts of the particular case. Guthridge, 239 A.2d at Of course the ......
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Anderson v. BENEFICIAL MORTG. CORP.
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