Hylton v. Gunter

Summary

This dissent rejects the majority's decision to overrule the rule that a judgment awarding common-law punitive damages is not final for appeal purposes until the amount of those damages has been determined. The dissent reasons that punitive damages are integral to the merits, function in part as compensation, and present no greater finality difficulties than other forms of damages. Justice McDonald, joined by Justice Zarella, would have retained the existing rule rather than creating distinctions based on the source or label of damages.