- 10 - "vindicate" to describe a compensatory purpose for punitive damages in the sense of reimbursing a victim for an actual loss. See Clark v. Cantrell, supra at 609. As a matter of fact, the South Carolina Supreme Court has stated specifically that "punitive damages are not given with a view to compensation, but * * * in addition to compensation". Shuler v. Heitley, supra at 361-362. The court has also stated: Compensatory damages relate mainly to the situation of the injured party, the plaintiff generally. But he should not receive, nor should he be entitled to obtain, thereby more than sufficient recompense for his injuries- just enough to restore him to his former position, a sum only to make him whole. He, and he alone, usually is particularly affected in that regard. Exemplary damages have relation to the injured party in only one respect, to vindicate his right, recklessly, willfully, maliciously, or wantonly invaded. They relate more to the situation of the wrongdoers, the defendants, usually. One of the chief purposes in awarding damages of this class is to punish the wrongdoer, not only to prevent by him a recurrence of the wrongful act, but to deter others from conduct of the same or similar kind. They are not intended for the sole good of the injured party. And not for the improvement of the disposition and character alone of the willful tort-feasor is it that our law has looked with favor upon the assessment of punitive damages under certain circumstances. But the object is to protect every man, woman, and child from those who consciously disregard the rights of their fellows. * * * [Johnson v. Atlantic Coast Line R. Co., 140 S.E. 443, 447 (S.C. 1927).] According to the South Carolina Supreme Court, factors to consider in passing on a punitive damage award under the law of that State include: (1) The character of the tort committed, including the wrongdoer's degree of recklessness, (2) the punishment which should be meted out, bearing in mind thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011