E. Damages

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

E. Damages

Actual and punitive damages have been awarded for assault.⁴² Punitive damages may be recovered where the defendant's actions are willful, wanton, or in reckless disregard of the plaintiff's rights.⁴³ Even if the defendant does not realize he or she has invaded the plaintiff's rights, punitive damages may be awarded if the act is committed in a manner that a person of ordinary prudence would conclude was done in reckless disregard of the rights of another.⁴⁴

In Gregg v. Ham,⁴⁵ the plaintiff was awarded $50,000 in actual damages and $10,000 in punitive damages on her assault claim. She testified the "assault caused her to change her behavior, left her scared, and disrupted her sleep." Her psychologist concluded she suffered from depression and anxiety as a result of the assault and diagnosed her with post-traumatic stress disorder, a condition exacerbated by her physical disabilities. The appellate court affirmed the damages based on that testimony.

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Notes:

^[42] Moody v. Ferguson, 732 F. Supp. 626 (D.S.C. 1989) ($15,000 actual and $10,000 punitive damages). See also Crim v. Shirer, 278...