Appellants say they did not concede cross-appeal on emotional distress damages

A judge asked appellants' counsel Jeff Wykell whether he was conceding the cross-appeal argument that the trial court erred by refusing to consider emotional distress damages for intentional torts. Wykell replied, "I wouldn't concede it, your honor, but I did not find a significant basis to oppose it," indicating he would not voluntarily concede the point but did not press it in argument.

The exchange left the panel with a factual record in which the parties had not fully fleshed out arguments on emotional-distress damages during oral argument. The court heard the statement and proceeded to other matters; no ruling on the cross-appeal issue was announced from the bench.