Mortgage Realty denied all allegations of misconduct on its part and asserted that any right of action was barred by contributory negligence on the part of Gray. The jury returned a verdict in favor of Mortgage Realty, and the trial court entered a judgment consistent with the verdict. Cain filed a motion for a new trial, but the trial court denied the motion. On appeal, Cain argues, among other things, that she is entitled to a new trial because, she contends, the trial court erroneously instructed the jury on a principal's liability for punitive damages arising out of the acts of its agent. A party is entitled to proper jury instructions regarding the issues presented, and an incorrect or misleading charge may be the basis for the granting of a new trial.
Reversal is warranted only when the error is considered to be prejudicial.
Ala. Code 1975. See Northwestern Mut. In wrongful-death cases, however, all damages are punitive damages. See Cherokee Elec. Thus, in a wrongful-death case there is no need for different evidentiary standards depending on the type of damages that are sought.