(DOWNLOAD) "Quedding V. Arisumi Brothers Inc." by Hawaii Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Quedding V. Arisumi Brothers Inc.
- Author : Hawaii Supreme Court
- Release Date : January 13, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
At issue in this appeal from a judgment for Plaintiffs Robert and Sandra Quedding (the Queddings) in a breach of contract action are three jury instructions and the assessment of special, general, and punitive damages against Defendant-appellant Arisumi Brothers, Inc. (Arisumi). Concluding that $12,964.40 for repairs to the Quedding residence represents a reasonable sum in light of the evidence, we affirm the award of special damages. But the trial judge erred in instructing the jury that it could find Arisumi breached the contract in a "wanton or reckless manner," for the evidence in the record cannot sustain such a finding. We thus reverse the jury's assessment of punitive damages. We further conclude the erroneous instructions on punitive damages may have tainted the jury's consideration of general damages for emotional distress and prejudiced Arisumi's defense. We therefore remand the case for retrial on the issue of Arisumi's possible liability for any emotional distress damages suffered by the Queddings.*fn1