# Gray Brown-Service Mortuary, Inc. v. Lloyd

> Supreme Court of Alabama · January 15, 1999 · 729 So. 2d 280

URL: https://www.frixlaw.com/law-library/cases/9935899

## Case

- **Full name:** Gray Brown-Service Mortuary, Inc. v. Fred Patrick Lloyd, Jr.
- **Court:** Supreme Court of Alabama
- **Decided:** January 15, 1999
- **Citations:** 729 So. 2d 280; 1999 Ala. LEXIS 37; 1999 WL 14704
- **Precedential status:** Published
- **Opinion:** Dissent by Hooper
- **Judges:** Hooper, Houston, Kennedy, Lyons, See
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9935899

## Opinion text

I must respectfully dissent.
The jury awarded the plaintiff $2 million, without distinguishing between compensatory damages and punitive damages. The fact that the jury award did not distinguish between compensatory damages and punitive damages should not present this Court from determining the maximum amount it could approve as compensatory award. See Independent Life Accident Insurance Co. v. Harrington , 658 So.2d 892 (Ala. 1995); Union Security Life Insurance Co. v. Crocker , 709 So.2d 1118 (Ala. 1997). Regardless of the maximum amount determined to be compensatory or punitive in this case, the ciamages awarded are clearly unjustified. BMW of North America, Inc., v. Gore , 517 U.S. 559 , 116 S.Ct. 1589 , 134 L.Ed.2d 809 (1996), on remand, 701 So.2d 507 (Ala. 1997). Viewed in light of BMW , the damages award in this case is grossly excessive. Therefore, I must respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935899. Public record. Not legal advice.