PEETE V. BLACKWELL 504 So.2d 222 (1986) CASE BRIEF

PEETE V. BLACKWELL
504 So.2d 222 (1986)
NATURE OF THE CASE: Peete (D) appealed a judgment against him based on a jury verdict that assessed punitive damages in an assault and battery action filed by Blackwell (P).
FACTS: D, a doctor, hospitalized one of his patients for a severe nosebleed. D applied anterior and posterior nasal packs to control the bleeding. The patient was again experiencing difficulties and D found that the string securing the posterior pack had been cut and that his patient was bleeding profusely. The patient was in danger of suffocation. D immediately sought to retrieve the pack and to control the bleeding. D required the use of a suction machine to remove the blood from his patient's throat. P, the nurse in charge of the floor on which the patient had been hospitalized, assisted. At one-point D struck her on the forearm and demanded that she 'turn on the [goddamn] suction.' No physical injury of any kind resulted from this striking. It is from this incident that this case arose. P alleged that D had committed an assault and battery against her. She demanded $1.00 in compensatory damages and $100,000 in punitive damages. P got the verdict for $1 and $10,000 in punitives. D appealed. D argues on this appeal that the punitive damages awarded in this case were excessive or that they were improperly awarded in light of the evidence presented.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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