SANTA FE — The state Court of Appeals has upheld an award of more than $1 million in damages to a well-known American Indian potter from New Mexico in a dispute with a New York City gallery owner.
Eugene Cam, who owned Sakia Gallery, had challenged a jury's verdict that awarded $773,000 in punitive damages and $386,500 in compensatory damages to Nancy Youngblood, a Santa Clara Pueblo potter.
Youngblood, who had displayed her pottery at the now-closed gallery, allowed Cam to show a collection of 23 pots created by family members, including her grandparents and mother. The pots were not to be sold, however.
She filed a lawsuit in 2003 to recover the pots but two had been damaged in a flood at the gallery and seven were missing. The appraised value of the missing pots was $386,500.
In his appeal, Cam contended that the punitive damages were unconstitutionally excessive.
The court disagreed, saying the damages were justified "in light of the high level of reprehensibility'' of Cam's actions.
"Defendant's (Cam) conduct not only involved conversion of nearly $400,000 worth of pottery, but also, as determined by the jury, multiple instances of fraud and deception,'' the court concluded.
The court also rejected an argument that the jury's damage award should be reversed because of alleged misconduct by Youngblood's lawyer during the 2005 trial.
Jane Yohalem, a Santa Fe lawyer for Cam, said she could not comment on the ruling because she had not seen the court's written opinion, which was issued Thursday.
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