Judge tosses punitive damages claims in hog nuisance case

The punitive damages phase of the most recent hog nuisance trial against Smithfield Foods had lasted just a half-day before the judge pulled the plug.

Yesterday a jury found Smithfield had committed a nuisance against its neighbors of Sholar Farm in Sampson County and awarded eight plaintiffs compensatory damages. During the punitive phase, which began yesterday afternoon, plaintiffs’ attorney Michael Kaeske presented his case to the jury that Smithfield had acted with “willful and wanton disregard” for the neighbors — not just those on Herring Road, but throughout the state — and for more than 20 years.

But this morning, as Kaeske tried to enter seven exhibits into the record for the jury to review, Senior District Court Judge David Faber allowed only three to be admitted into evidence. Faber then ruled there wasn’t enough evidence for the jury to assess punitive damages. Case closed. The jury went home.

The purpose of punitive damages is to deter future bad behavior by the defendant — and that of other potential defendants who might consider comporting themselves the same way. Nine factors play into the question of whether to award these damages, including the duration of the misconduct and the defendant’s awareness of it.

Read more: http://pulse.ncpolicywatch.org/2018/12/13/judge-tosses-punitive-damages-claims-in-hog-nuisance-case/