Ralph v. McLaughlin

Excerpt

This case involves a property dispute on Seabrook Island between neighbors Richard and Eugenia Ralph ("the Ralphs"), and Paul and Susan McLaughlin ("the McLaughlins"). The dispute in question concerns the destruction of a drainage easement by the McLaughlins that, the Ralphs allege, exacerbated drainage issues on the Ralphs' property. At trial, the jury found for the Ralphs on their cause of action for trespass and awarded them $1,000 in nominal damages. On appeal, the Ralphs argue the circuit court erred in 1) failing to apply the rulings and factual determinations from a previous grant of summary judgment to a third-party defendant as the law of the case 2) entering a directed verdict for the McLaughlins on the issue of punitive damages 3) failing to find the McLaughlins trespassed as a matter of law and 4) failing to grant the Ralphs a new trial absolute, a new trial nisi additur, or a new trial on damages. We reverse and remand the case for a new trial on compensatory damages and punitive damages.