Fassnacht v. Moler
Georgia Court of Appeals
358 Ga. App. 463 (2021)
- Written by Eric Miller, JD
Facts
Eric Lee Moler (plaintiff) established a family partnership. Moler later used partnership assets to purchase a lake house in his own name. This led to an arbitration dispute between Moler and his oldest son, Matthew Fassnacht (defendant). During this time, threats of physical violence from Fassnacht prompted Moler and Fassnacht’s siblings to obtain a restraining order against Fassnacht. Although the arbitration was ultimately resolved in Fassnacht’s favor, Fassnacht remained angry at Moler over the money Moler spent on arbitration. Fassnacht violated his restraining order to confront Moler at the lake house. In the ensuing altercation, Fassnacht repeatedly struck Moler, used a taser against him, and slammed his head against the floor, causing a concussion. Moler declined to press criminal charges but later brought an action for assault and battery. The jury awarded Moler $30,000 in compensatory damages and $375,000 in punitive damages. Fassnacht appealed, arguing that the punitive-damages award was grossly excessive in violation of the Fourteenth Amendment Due Process Clause.
Rule of Law
Issue
Holding and Reasoning (Barnes, J.)
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