Payne v. Gundy, 196 W. Va. 82, 468 S.E.2d 335 (1996) involved a civil action for assault and battery that was brought by a woman against the man with whom she had cohabited. The jury returned a verdict awarding the plaintiff punitive damages, but not compensatory damages. The plaintiff moved for a new trial on damages, which the trial court denied, and from which the plaintiff appealed. The Court reversed and awarded the plaintiff a new trial on damages.