Flagstar Enterprises, Inc. v. Howard

Supreme Court of Alabama
Flagstar Enterprises, Inc. v. Howard, 773 So. 2d 470 (Ala. 2000)
2000 Ala. LEXIS 233; 2000 WL 739671
Brown, Cook, England, Hooper, Houston, Johnstone, Lyons, Maddox, See

Flagstar Enterprises, Inc. v. Howard

Concurring Opinion

SEE, Justice

(concurring specially).

I concur in the order requiring a remitti-tur of the award of punitive damages to $50,000 in light of the nature of the plaintiffs action for retaliatory discharge and the remedial purposes of the retaliatory-discharge statute, Ala.Code 1975, § 25-5-11.1, see Twilley v. Daubert Coated Products, Inc., 536 So.2d 1364, 1367 (Ala. 1988); the apparent perjurious testimony involved; and the plaintiffs costs to prosecute her action through trial.

Opinion of the Court

PER CURIAM.

The judgment is affirmed on the condition that the plaintiff accept a remittitur of punitive damages to the amount of $50,000. BMW of North America, Inc. v. Gore, 517 U.S. 559, 116 S.Ct. 1589, 134 L.Ed.2d 809 (1996); Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala. 1989). If the plaintiff does not file with this Court an acceptance of the remittitur within 28 days of the date this order is issued, then the judgment will be reversed and the cause remanded for a new trial.

AFFIRMED CONDITIONALLY.

HOOPER, C.J, and MADDOX, HOUSTON, COOK, LYONS, BROWN, JOHNSTONE, and ENGLAND, JJ., concur. SEE, J., concurs specially.

Reference

Full Case Name
FLAGSTAR ENTERPRISES, INC., and Stacy Sims v. Gladys HOWARD
Status
Published