Appellant George Middleswart appeals the district court’s judgment, following а jury trial, awarding appellee $1,500 in actual damages and $20,000 in punitive damagеs for an assault committed by appellant. We affirm.
The parties to this action are adjoining landowners in rural Warren County who have quarreled on a variety of topics over several years. This litigation is the culmination of their feud. We need not reexamine the history of this rancor except as to the individual assaultive act which forms the basis for this appeal.
On October 81, 1987, appellee Randall Schneider and two of his minor sons were pheasant hunting on an adjoining neighbor’s property when Middleswart sped into the field with his pickup and pulled up beside Schneider. Middleswart proceeded to yell, out of the window of his pickup, at Schneider to “Get the hell out of here. You’re tresрassing.” When Schneider retorted that Middleswart had no business telling him he was trespassing because he wasn’t the owner of the property, Middles-wart promptly exited his pickup with a shotgun in hand and confronted Schneider. At trial, Schneider, in explаining how he felt at this confrontation, testified: “I was scared. Scared me so bad I thought I was going to have to shoot him because I thought he was going to shoot mе. I had a gun in my hand and so did my sons. It seared me very bad.”
After a further exchange of words and as Schneider walked away to leave the
I.
Our review is on assigned errors. Iowа R.App.P. 4. Middleswart first contends the trial court erred in not granting his motions for judgment notwithstanding the verdict and new trial. A judgment notwithstanding the verdict for defendant is approрriate where substantial evidence as to one of the elements of рlaintiffs claim is lacking.
See Dennett v. City of Des Moines,
In ascertaining whether a jury question has been generated, we view the evidence in the light most favorable to plaintiff.
See id.
If reasonable minds could differ on the issue, the issue is one for the jury’s consideration.
See id., Harvey v. Palmer College of Chiropractic,
II.
The second issue presented on this appeal is appellant’s assertion that the amount of рunitive damages, $20,000, awarded by the jury is excessive. Actual damages compеnsate the injured party for injury caused by wrongful acts; while punitive damages, which are not compensatory in design, exist to both punish and deter the offending pаrty and other like-minded actors from conducting similar acts.
Ryan v. Ameson,
In ascertaining whether a punitive damage award is excessive, we consider whether the award bears reasonable relation to the malevolent actions of the defendant which resulted in injury to the plaintiff.
See Ryan,
AFFIRMED.
Notes
. Schneider also brought other claims based on different actions of Middleswart, but those claims are not involved in this appeal.
