Welch v. Mr. Christmas

In Welch v. Mr. Christmas (85 AD2d 74 [1st Dept 1982]), the jury awarded an actor plaintiff who appeared in a commercial that defendant used without authorization $ 1,000 in compensatory damages and $ 25,000 in punitive damages. "The trial court ruled the award of punitive damages to be excessive and reduced such award to $ 15,000, to which plaintiff stipulated" (at 75). The First Department affirmed the awarding of punitive damages and the $ 15,000 amount as not "so excessive as to shock the conscience of this court" (at 79).