Damages award overturned in appeal in civil lawsuit
The South Carolina Court of Appeals has reversed a $70,000 damages award stemming from a claim of emotional distress after a Laurens County couple sued to stop their neighbor from painting cars on an adjoining property.
Burnette Shutt & McDaniel attorney Sarah J.M. Cox represented the couple in the appeal. Their initial lawsuit claimed they were suffering due to their neighbor’s activities painting cars on his property.
The couple, Sandra and Guadelupe Colorado, was unable to enjoy being outdoors at their home due to the fumes from spraying paint. Sanda Colorado also suffered allergic reactions, sinus infections, and breathing difficulties. The neighbor, who admitted that he painted cars on his property for money, refused to cease the operation.
The neighbor, in turn, claimed the Colorados intentionally inflicted emotional distress by complaining about the fumes to various government authorities. A jury found for the neighbor and awarded damages.
In the appeal, Cox argued that the neighbor had not substantiated his claim of emotional distress or produced evidence in support of it.