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Sweet v. Roy4/26/2002
is impossible. Id., 765 A.2d at 477-78 (citing Imported Car Center, Inc. v. Billings, 163 Vt. 76, 82, 653 A.2d 765, 770 (1994)).
Defendants' main claim is that the compensatory damages verdict is excessive because it is much higher than the amount awarded in other landlord misconduct cases. See Human Rights Comm'n v. LaBrie, Inc., 164 Vt. 237, 242, 668 A.2d 659, 663 (1995) (challenge to eviction from mobile home park because tenants had children; damages of $1500 for emotional injury and $3000 for loss of civil rights); Gokey v. Bessette, 154 Vt. 560, 562-63, 580 A.2d 488, 490-91 (1990) (award of $6600 for violation of warranty of habitability and retaliatory eviction). Obviously, each of the cases must be decided on its own individual facts.
Viewing the evidence here in support of the verdict, we cannot say that the verdict is entirely excessive. The anonymous attacks on the security of plaintiff's home created fear for the safety of herself and her three-year-old child and emotional damage. There is no exact right amount to compensate for this kind of injury.
B.
Defendant next argues that the court erred in allowing the jury to award punitive damages against the trust. Relying on Brueckner, 169 Vt. at 130, 730 A.2d at 1096, the trust argues that plaintiff was required to show that the trustees either directed, participated in or ratified Leon Roy's unlawful acts, but failed to do so as shown by the dismissal of Mary Anne Roy as a party and the jury verdict in favor of Marcien Roy. The language of Brueckner is taken from Shortle v. Cent. Vt. Pub. Serv. Corp., 137 Vt. 32, 33, 399 A.2d 517, 518 (1979), and is a truncated version of the alternative elements. The showing the trust asserts is absent is required only if the act on which punitive damages is based is "that of the governing officers of the corporation or one lawfully exercising their authority." Id.
The relevant elements necessary for imposition of punitive damages against a master or principal are more fully explained in Restatement (Second) of Torts § 909 (1979). See also Restatement (Second) of Agency § 217C (same). Section 909 sets forth four alternative elements necessary to impose vicarious liability for punitive damages; the third is that "the agent was employed in a managerial capacity and was acting in the scope of employment." Restatement (Second) of Torts at § 909(c). The commentary explains that the purpose of vicarious responsibility in this instance, even in the absence of fault on the part of the employer , is to serve "as a deterrent to the employment of unfit persons for important positions." Id. cmt. b. Plaintiff proved the elements of § 909(c) and for the reason stated in the commentary we affirm the court's decision to uphold the award of punitive damages against the trust.
C.
Finally, defendants argue that the punitive damages award was excessive and in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. They rely on their characterization of Leon Roy's actions as "two minor acts of vandalism" and the ratio between the amount of punitive damages awarded - $100,000 - and the amount of compensatory damages proved, which they assert is $418.
We start with defendants' due process claim. We agree that the critical precedent is BMW of North America, Inc. v. Gore, which sets forth guidelines to determine whether a punitive damage award is so excessive as to deny due process. We do not have to get into the decision in depth to decide this issue. The BMW factors are the degree of reprehensibility, the ratio between compensatory and punitive awards, and possible sanctions for similar conduct. 517
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