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Shugar v. Guill

Supreme Court of North Carolina

283 S.E.2d 507 (1981)

Relevant factsFree

Gilbert Shugar (plaintiff) baited restaurant owner H.L. Guill (defendant) over an unrelated debt dispute, prompting Guill to call Shugar cheap and demand he leave; when Shugar refused, Guill bear-hugged him toward the door, the two exchanged blows, and after a bystander intervened and Shugar dropped his hands believing the fight was over, Guill struck him in the face, breaking his nose. The jury awarded Shugar $2,000 in compensatory and $2,500 in punitive damages, and Guill appealed the punitive award.

IssueFree

Whether recovery of punitive damages in an action for assault and battery is permissible upon a sufficient showing that the defendant's actions were accompanied by an element of aggravation such as malice, oppression, or gross and willful wrong, or a wanton and reckless disregard of the plaintiff's rights.

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