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2010-UP-190 - Ivan Cholak v. Danny Webb

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Ivan V. Cholak, Appellant,

v.

Danny Webb, Respondent.


Appeal From Greenwood County
J. Cordell Maddox, Jr., Circuit Court Judge


Unpublished Opinion No.  2010-UP-190
Submitted March 1, 2010 – Filed March 4, 2010


AFFIRMED


Adam Fisher, Jr., of Greenville, for Appellant.

Steven M. Pruitt and Stephen D. Baggett, Jr., both of Greenwood, for Respondent.

PER CURIAM:  In this civil action arising out of a physical altercation, Ivan Cholak appeals the circuit court's order adding $12,000 to the amount of his jury verdict against Danny Webb.  Cholak argues the circuit court erred in granting a partial additur rather than a new trial and in failing to consider punitive damages.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: 

1. As to whether the circuit court erred in granting a partial additur:  Toole v. Toole, 260 S.C. 235, 239, 195 S.E.2d 389, 390 (1973) (giving the circuit court sound discretion when addressing questions of excessiveness or inadequacy of verdicts and declining to disturb its decision absent an abuse of discretion); Kalchthaler v. Workman, 316 S.C. 499, 503, 450 S.E.2d 621, 623 (Ct. App. 1994) (holding when a trial court grants additional relief within a range specified by the prevailing party, that party must be content with the determination). 

2. As to whether the circuit court erred in failing to include damages for lost earnings or permanent injury in the amount of its additur or in failing to grant a new trial absolute:  In re Michael H., 360 S.C. 540, 546, 602 S.E.2d 729, 732 (2004) ("An issue may not be raised for the first time on appeal.  In order to preserve an issue for appeal, it must be raised to and ruled upon by the trial court."). 

3. As to whether the circuit court erred in failing to consider punitive damages:  In re Michael H., 360 S.C. 540, 546, 602 S.E.2d 729, 732 (2004) ("An issue may not be raised for the first time on appeal.  In order to preserve an issue for appeal, it must be raised to and ruled upon by the trial court."). 

AFFIRMED. 

PIEPER and GEATHERS, JJ., and CURETON, A.J., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.