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Aldworth Co. v. England

The trial court erred in awarding plaintiffs $1M in punitive damages, since no evidence supported the jury's award in excess of O.C.G.A. § 51-12-5.1 g's $250K statutory maximum.

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This is the second appearance before this Court of these appeals, which arose out of a road rage incident. On August 30, 1999, Rickey Anthony Barron, a tractor-trailer driver supplied to Keystone Freight Corporation “Keystone” by Aldworth Company, Inc. “Aldworth”, twice attempted to pull in front of a car driven by Sandra Dianne England. Barron pursued Mrs. England’s car into a gas station parking lot, where he assaulted her. Mrs. England and her husband filed a lawsuit against Barron, Keystone, and Aldworth. Barron and Aldworth failed to answer, and a default judgment was later entered against them.1 At trial, a jury found that Barron had been acting within the scope of his employment “at the time of the altercation” with Mrs. England, and it awarded $750,000 in compensatory damages against all of the defendants and $1,000,000 in punitive damages against both Aldworth and Keystone. Aldworth moved to set aside the default judgment, and both Aldworth and Keystone moved for a new trial and for judgment notwithstanding the verdict. The trial court denied such post-trial motions, and these appeals followed.

In Aldworth Co. v. England , 276 Ga. App. 31 622 SE2d 367 2005, we affirmed the trial court’s denials of each of the post-trial motions filed by Aldworth and Keystone. The Supreme Court of Georgia granted certiorari, and in Aldworth Co. v. England , 281 Ga. 197 637 SE2d 198 2006, it affirmed in part, reversed in part, and remanded with direction that we “review the sufficiency of the evidence under the ‘any evidence’ standard of review Maddox v. Maddox , 278 Ga. 606, 607 1 604 SE2d 784 2004 to determine if Aldworth and Keystone were entitled to a new trial.” Aldworth , 281 Ga. at 201.

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