Alcohol, service provider's liability.

Darrell Wangen appeals a lower court's ruling that told him he would need to either accept a lower amount of punitive damages in a civil action or face a new trial on all issues involved. Wangen filed suit against his employer and company-affiliated physician, after the medical officer told Wangen and his wife that Wangen was an alcoholic and needed treatment. Wangen was under a doctor's care, but had not been diagnosed as an alcoholic. During a meeting with Wangen, his supervisor and the company physician told Wangen he must either enroll in a treatment program or be terminated. When Wangen declined treatment, he was told to turn in his equipment. Wangen subsequently filed suit.

A circuit court jury found for Wangen and awarded compensatory and punitive damages. However, the circuit court judge granted defendant's motion for a reduction in punitive damages. The judge told Wangen he must either accept the reduced punitive damages or face another trial on all issues. Wangen now appeals.

Wangen wins. The South Dakota Supreme Court ruled that the lower court erred when ordering the reduction in punitive damages.