Norris O. and Betty J. Whitley - Page 10

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          "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 that                  

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