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Unpublished Opinion No.  2010-UP-190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.