Vogler v. O'Neal

19 Citing cases

  1. Robertson Oil Co. v. Phillips Petroleum Co.

    14 F.3d 373 (8th Cir. 1993)   Cited 14 times
    Affirming separate punitive damage awards on overlapping tortious interference and fraud claims where the "nature, extent, and enormity of the wrong, the intent of the party committing it" differ with respect to each of the awards

    For example, the [Arkansas Supreme C]ourt has examined the relationship between the relevant parties, the ratio of the punitive award to the compensatory award, the extent and duration of a defendant's acts, the deliberateness of the defendant's acts in the face of no justification for them, the defendant's motives, the defendant's remorse, if any, the defendant's net worth, and other matters, in order to judge the propriety of a punitive award. The district court cited these Arkansas Supreme Court decisions in support of this enumeration: Walt Bennett Ford, Inc. v. Keck, 298 Ark. 424, 768 S.W.2d 28 (1989); First Commercial Bank v. Kremer, 292 Ark. 82, 728 S.W.2d 172 (1987); Twin City Bank v. Isaacs, 283 Ark. 127, 672 S.W.2d 651 (1984); Pursley v. Price, 283 Ark. 33, 670 S.W.2d 448 (1984); Matthews v. Rodgers, 279 Ark. 328, 651 S.W.2d 453 (1983); Ray Dodge, Inc. v. Moore, 251 Ark. 1036, 479 S.W.2d 518 (1972); Holmes v. Hollingsworth, 234 Ark. 347, 352 S.W.2d 96 (1961); Vogler v. O'Neal, 226 Ark. 1007, 295 S.W.2d 629 (1956); McGlone v. Stokes, 193 Ark. 1008, 104 S.W.2d 191 (1937); St. Louis Southwestern Ry. Co. v. Hagler, 160 Ark. 543, 254 S.W. 1071 (1923); Gordon v. McLearn, 123 Ark. 496, 185 S.W. 803 (1916); and Pine Bluff Arkansas River Ry. Co. v. Washington, 116 Ark. 179, 172 S.W. 872 (1915). Id. at 996-97.

  2. Robertson Oil Co. v. Phillips Petroleum Co.

    14 F.3d 360 (8th Cir. 1992)   Cited 2 times

    For example, the [Arkansas Supreme C]ourt has examined the relationship between the relevant parties, the ratio of the punitive award to the compensatory award, the extent and duration of a defendant's acts, the deliberateness of the defendant's acts in the face of no justification for them, the defendant's motives, the defendant's remorse, if any, the defendant's net worth, and other matters, in order to judge the propriety of a punitive award. The district court cited these Arkansas Supreme Court decisions in support of this enumeration: Walt Bennett Ford, Inc. v. Keck, 768 S.W.2d 28 (Ark. 1989); First Commercial Bank v. Kremer, 292 Ark. 82, 728 S.W.2d 172 (1987); Twin City Bank v. Isaacs, 283 Ark. 127, 672 S.W.2d 651 (1984); Pursley v. Price, 283 Ark. 33, 670 S.W.2d 448 (1984); Matthews v. Rodgers, 279 Ark. 328, 651 S.W.2d 453 (1983); Ray Dodge, Inc. v. Moore, 251 Ark. 1036, 479 S.W.2d 518 (1972); Holmes v. Hollingsworth, 234 Ark. 347, 352 S.W.2d 96 (1961); Vogler v. O'Neal, 226 Ark. 1007, 295 S.W.2d 629 (1956); McGlone v. Stokes, 193 Ark. 1008, 104 S.W.2d 191 (1937); St. Louis Southwestern Ry. Co. v. Hagler, 160 Ark. 543, 254 S.W. 1071 (1923); Gordon v. McLearn, 123 Ark. 496, 185 S.W. 803 (1916); and Pine Bluff Arkansas River Ry. Co. v. Washington, 116 Ark. 179, 172 S.W. 872 (1915).Id. at 996-97.

  3. Ingersoll v. Mason

    254 F.2d 899 (8th Cir. 1958)   Cited 5 times

    Hall v. Young, cited by the trial court, supra, further supports the trial court's submission of the question of punitive damages to the jury where the evidence indicates that the person charged was driving his vehicle while intoxicated. See also Vogler v. O'Neal, 1956, 226 Ark. 1007, 295 S.W.2d 629. We have considered all matters raised by the appellant and find no error.

  4. Robertson Oil Inc. v. Phillips Petroleum

    779 F. Supp. 994 (W.D. Ark. 1991)   Cited 7 times

    For example, the court has examined the relationship between the relevant parties, the ratio of the punitive award to the compensatory award, the extent and duration of a defendant's acts, the deliberateness of the defendant's acts in the face of no justification for them, the defendant's motives, the defendant's remorse, if any, the defendant's net worth, and other matters, in order to judge the propriety of a punitive award. See WaltBennett Ford, Inc. v. Keck, 298 Ark. 424, 768 S.W.2d 28 (1989); First Commercial Bank v. Kremer, 292 Ark. 82, 728 S.W.2d 172 (1987); Twin City Bank v. Isaacs, 283 Ark. 127, 672 S.W.2d 651 (1984); Pursley v. Price, 283 Ark. 33, 670 S.W.2d 448 (1984); Matthews v. Rodgers, 279 Ark. 328, 651 S.W.2d 453 (1983); Ray Dodge, Inc. v. Moore, 251 Ark. 1036, 479 S.W.2d 518 (1972); Holmes v. Hollingsworth, 234 Ark. 347, 352 S.W.2d 96 (1961); Vogler v. O'Neal, 226 Ark. 1007, 295 S.W.2d 629 (1956); McGlone v. Stokes, 193 Ark. 1008, 104 S.W.2d 191 (1937); St. Louis Southwestern Railway Co. v. Hagler, 160 Ark. 543, 254 S.W. 1071 (1923); Gordon v. McLearn, 123 Ark. 496, 185 S.W. 803 (1916); and Pine Bluff and Arkansas River Railway Co. v. Washington, 116 Ark. 179, 172 S.W. 872 (1915). Under these circumstances, a party that argues that the Arkansas procedure, as actually practiced, lacks a discernible perimeter or possesses insufficient form to pass constitutional muster has a difficult burden to carry.

  5. Bayer CropScience LP v. Schafer

    2011 Ark. 518 (Ark. 2011)   Cited 32 times   1 Legal Analyses
    Finding limits on punitive damages unconstitutional

    Because they are an example as to what the law will do for such conduct when it results in injury to the person or property of others, they are sometimes called exemplary damages.Vogler v. O'Neal, 226 Ark. 1007, 1015, 295 S.W.2d 629, 634 (1956); see also Vickery v. Ballentine, 293 Ark. 54, 732 S.W.2d 160 (1987); Holmes v. Hollingsworth, 234 Ark. 347, 352 S.W.2d 96 (1961). This court has also recognized that, because compensation of a plaintiff is not the purpose of exemplary or punitive damages, an award may be somewhat of a windfall to him.

  6. Honeycutt v. Walden

    743 S.W.2d 809 (Ark. 1988)   Cited 10 times
    In Honeycutt v. Walton, 294 Ark. 440, 442, 743 S.W.2d 809, 810 (1988), this court reiterated its long-held position that "malice may be inferred from the operation of a motor vehicle, a potentially lethal machine, by one whose judgment, responses and coordination are impaired by alcohol."

    All of these factors exist to some degree in the proof and we cannot say the trial court erred in submitting the question of future medical expenses to the jury. William v. Gates, 275 Ark. 381, 630 S.W.2d 34 (1982); Bilford v. Humphrey, 244 Ark. 211, 424 S.W.2d 526 (1968); Vogler v. O'Neal, 226 Ark. 1007, 295 S.W.2d 629 (1957); Arkansas Power Light Co. v. Heyligers, 188 Ark. 815, 67 S.W.2d 1021 (1934). Affirmed.

  7. First Nat'l Bank of Brinkley, Ark. v. Frey

    282 Ark. 339 (Ark. 1984)   Cited 18 times
    Affirming an award where the ratio was 70:1

    As to the argument of excessiveness, the jury heard the proof, which included the bank's financial statement, and considerable discretion is given to it in fixing punitive damages in an amount it deems appropriate to the circumstances. Vogler v. O'Neal, 226 Ark. 1007, 295 S.W.2d 629 (1956). The award in this case is substantial, but not so great as to indicate the jury may have been influenced by passion or prejudice.

  8. Growth Properties I v. Cannon

    282 Ark. 472 (Ark. 1984)   Cited 24 times

    But even the latter, if sufficiently wanton, will sustain the award. Southern Farm Bureau Casualty Ins. Co. v. Daniel, 246 Ark. 849, 440 S.W.2d 582 (1969); Vogler v. O'Neal, 226 Ark. 1007, 295 S.W.2d 629 (1956); Miller v. Blanton, 213 Ark. 246, 210 S.W.2d 293 (1948); Texarkana Gas Electric Co. v. Orr, 59 Ark. 215 (1894). We concede that no inference of willful malice may be drawn from the evidence in this case, but we do not agree that punitive damages are not recoverable as a matter of law on the evidence presented.

  9. Wackenhut Corp. v. Canty

    359 So. 2d 430 (Fla. 1978)   Cited 230 times
    Holding a new trial order must give reasons supporting a determination that the verdict is against the manifest weight of evidence or influenced by considerations outside the record to make it susceptible to appellate review

    I cannot but wonder if an Anglo jury would have found Wackenhut's conduct quite so reprehensible if the fluencies of guard and patron had been reversed, the guard readily understanding English only, the patron explaining his predicament in good Spanish or poor English. Trahan v. Cook, 288 Ala. 704, 265 So.2d 125 (1972); Nielson v. Flashberg, 101 Ariz. 335, 419 P.2d 514 (1966); Vogler v. O'Neal, 226 Ark. 1007, 295 S.W.2d 629 (1956); Schroeder v. Auto Driveway Co., 11 Cal.3d 908, 114 Cal.Rptr. 622, 523 P.2d 662 (1974); Ark Valley Alfalfa Mills, Inc. v. Day, 128 Colo. 436, 263 P.2d 815 (1953); Riegel v. Aastad, 272 A.2d 715 (Del. 1970); Jones v. Spindel, 128 Ga. App. 88, 196 S.E.2d 22 (1973); Lou Leventhal Auto Co., Inc. v. Munns, 328 N.E.2d 734 (Ind. App. 1975); Northrup v. Miles Homes, Inc. of Iowa, 204 N.W.2d 850 (Iowa 1973); Sweaney v. United Loan and Finance Co., 205 Kan. 66, 468 P.2d 124 (1970); Hensley v. Paul Miller Ford, Inc., 508 S.W.2d 759 (Ky. 1974); Oppenhuizen v. Wennersten, 2 Mich. App. 288, 139 N.W.2d 765 (1966); Pisha v. Sears, Roebuck Co., 496 S.W.2d 280 (Mo. App. 1973); Nevada Cement Co. v. Lemler, 89 Nev. 447, 514 P.2d 1180 (1973); Cabakov v. Thatcher, 37 N.J. Super. 249, 117 A.2d 298 (1955); Galindo v. Western States Collection Co., Inc., 82 N.M. 149, 477 P.2d 325 (1970); Stone v. Hotel Roosevelt Corp., 7 A.D.2d 843, 181 N.Y.S.2d 561 (1959), see also James v. Powell, 26 A.D.2d 525, 270 N.Y.S.

  10. Dodge v. Moore

    251 Ark. 1036 (Ark. 1972)   Cited 69 times   1 Legal Analyses
    Holding that if "there was evidence tending to show that [the defendant] intentionally performed a deliberate act with the intention of misleading a prospective purchaser about a material matter to his injury, it was proper to permit the jury to consider the award of exemplary or punitive damages"

    The penalty must be not only a punishment sufficient to deter similar conduct on the part of the particular tortfeasor, it must also be sufficient to deter others who might be inclined to engage in such conduct to the injury of others. Holmes v. Hollingsworth, 234 Ark. 347, 352 S.W.2d 96; Vogler v. O'Neal, 226 Ark. 1007, 295 S.W.2d 629, 62 A.L.R.2d 832; Miller v. Blanton, supra. In considering the amount awarded here, we recognize that there is no fixed standard for measurement of such damages and that their amount lies largely within the discretion of the jury on due consideration of the attendant circumstances.