stating that traditionally, municipal corporations have been exonerated from liability from punitive damages in personal injury cases for public policy reasons
How later courts described this case
- stating that traditionally, municipal corporations have been exonerated from liability from punitive damages in personal injury cases for public policy reasons
- the purpose of N.C.G.S. § 160A-425 is to protect the lives and limbs of occupants of the buildings
Written by the judges who cited it.
The opinion
Judge Webb
dissenting.
I dissent from that part of the majority opinion which holds it was error to dismiss plaintiffs claim for punitive damages. I do not believe we have to decide whether punitive damages may be had in a wrongful death claim against a municipal corporation. We do not reach that question because there is not sufficient evidence for the jury to find maliciousness, wilfulness, wantonness or gross negligence. Without this evidence the question of punitive damages does not arise. I concur in the rest of the opinion.