Doe v. Salvation Army


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Docket Number: 2001-CA-01599-SCT

Supreme Court: Opinion Link
Opinion Date: 01-23-2003
Opinion Author: Easley, J.
Holding: Affirmed

Additional Case Information: Topic: Action for damages - Punitive damages
Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ.
Dissenting Author : McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION.
Concur in Part, Dissent in Part 1: McRae, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion
Concurs in Result Only: Diaz and Graves, JJ.
Procedural History: Jury Trial
Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE

Trial Court: Date of Trial Judgment: 06-29-2001
Appealed from: Holmes County Circuit Court
Judge: Jannie M. Lewis
Disposition: The trial court denied a motion for new trial on the issue of punitive damages.
Case Number: 98-0525

Note: PITTMAN, C.J., SMITH, P.J., WALLER, COBB AND CARLSON, JJ., CONCUR. DIAZ AND GRAVES, JJ., CONCUR IN RESULT ONLY. McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION.

  Party Name: Attorney Name:  
Appellant: Jane Doe, as Mother and Next Friend of John Doe, a Minor




BETH BURTON EDWARD BLACKMON CHRISTOPHER BRANDON GLASS JERRY L. BEASLEY



 

Appellee: The Salvation Army ROBERT L. GIBBS TESELYN AFRIQUE MELTON AMY MANDERSON KLOTZ  

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Topic: Action for damages - Punitive damages

Summary of the Facts: Doe, mother and next of friend of John Doe, a minor, filed an action for damages against Gregory Peters, Chris Flanagan, and The Salvation Army, alleging sexual assaults by Peters against four minor boys while the boys were attending summer camp at a Salvation Army facility. A jury awarded the four minor Does $30,000 each for a total of $120,000 in compensatory damages and attributed 5% fault to Peters, 10% to Flanagan and 85% to The Salvation Army. The court declined to submit the issue of punitive damages to the jury. The Does appeal.

Summary of Opinion Analysis: The Does argue that the court erred in failing to submit the issue of punitive damages to the jury, because punitive damages are recoverable in situations involving proven assault and intentional acts have been committed by an employer’s agent. A plaintiff can recover punitive damages only if there is a demonstrated willful or malicious wrong or if there is gross, reckless disregard for the rights of others. Liability for compensatory damages does not signify that punitive damages must be assessed against an employer. When looking at the totality of the circumstances, a reasonable, hypothetical trier of fact could not find either malice or gross neglect or reckless disregard by The Salvation Army. Peters was clearly not acting within the scope of his employment at the time of the assault. Therefore, the court did not err in declining to submit the issue to the jury.


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