McFetters

J. Scott McFetters sued his former employer, Amplicon, Inc. (Amplicon), and its principal, Patrick Paddon, on various causes of action arising out of Paddon's physical battery of McFetters and subsequent events culminating in the termination of McFetters' employment. The trial court granted a nonsuit on McFetters' causes of action for constructive termination, false imprisonment and intentional infliction of emotional distress, but allowed McFetters' cause of action for assault and battery to go to the jury. The jury returned a verdict in favor of McFetters, awarding him $80,000 in compensatory damages, $140,000 in punitive damages against Amplicon and $650,000 in punitive damages against Paddon. The trial court granted a judgment notwithstanding the verdict (JNOV), reducing McFetters' award to $1,000 in compensatory damages, plus $2,000 in punitive damages each against Amplicon and Paddon, for a total of $5,000. The court also granted a conditional new trial on the ground of excessive damages, in the event the judgment notwithstanding the verdict failed to survive appeal.

McFetters argues the court erred in granting the nonsuit, and in granting the JNOV and the…