Desmond v. News & Observer Publishing Co.
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The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the judgment finding Defendants liable for defamation and awarding Plaintiff compensatory and punitive damages, holding that the trial court erred in failing to instruct the jury that it was required to find one of the statutory aggravating factors before awarding punitive damages pursuant to N.C. Gen. Stat. 1D-15(a).
Specifically, the Supreme Court held (1) Plaintiff presented sufficient evidence to support a finding of actual malice by clear and convincing evidence; (2) the trial court did not err in denying Defendants' motions for directed verdict and judgment notwithstanding the verdict; (3) the trial court did not err in instructing the jury on the issue of falsity; but (4) the trial court erred in failing to instruct the jury that it was required to find one of the statutory aggravating factors before awarding punitive damages.
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