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Punitive Damages Properly Disallowed
Space of Pensacola, Inc. built a parking lot on its property and allegedly channeled natural surface water onto the adjoining property, littering it with sediment and debris. Billy Fisher, owner of the adjoining property, sued Space, seeking both compensatory and punitive damages. The Supreme Court of Alabama noted that although there was evidence of a small amount of erosion there was no evidence of monetary loss. Nor was there evidence of a reduction in the resale price as a result of the erosion. An award of nominal damages was deemed appropriate. The court concluded that because there was no proof that Space had acted wantonly, punitive damages were properly disallowed.
Punitive Damages Properly Disallowed
Space of Pensacola, Inc. built a parking lot on its property and allegedly channeled natural surface water onto the adjoining property, littering it with sediment and debris. Billy Fisher, owner of the adjoining property, sued Space, seeking both compensatory and punitive damages. The Supreme Court of Alabama noted that although there was evidence of a small amount of erosion there was no evidence of monetary loss. Nor was there evidence of a reduction in the resale price as a result of the erosion. An award of nominal damages was deemed appropriate. The court concluded that because there was no proof that Space had acted wantonly, punitive damages were properly disallowed.
Punitive Damages Properly Disallowed
1986-07-01
1 pages
Article (Journal)
Electronic Resource
English
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