CHAPTER 12 - 12-4 PUNITIVE DAMAGES

• Jurisdiction: United States

12-4 Punitive Damages

Punitive damages are not recoverable in an action for professional negligence. They may be recoverable under other theories of liability, such as breach of fiduciary duty, fraud, and CUTPA. They are generally not recoverable under breach of contract unless the contract itself provides for such recovery for the client, which rarely happens. "Punitive damages are not ordinarily recoverable for breach of contract. . . . This is so because punitive or exemplary damages are assessed by way of punishment, and the motivating basis does not usually arise as a result of the ordinary private contract relationship. The few classes of cases in which such damages have been allowed contain elements which bring them within the field of tort."³² "Breach of contract founded on tortious conduct may allow the award of punitive damages. Such tortious conduct must be alleged in terms of wanton and malicious injury, evil motive and violence, for punitive damages may be awarded only for outrageous conduct, that is, for acts done with a bad motive or with a reckless indifference to the interests of others . . ."

Under Connecticut law, punitive damages are awarded only when the evidence shows a reckless indifference to the rights of others or an intentional and wanton violation of those rights.³³ "Wanton misconduct is reckless misconduct . . . It is such conduct as indicates a reckless disregard of the just rights or safety of others or of the consequences of the action."³⁴ "Not only the action producing the injury but the resulting injury must be intentional . . ."³⁵

Attorney's fees may be awarded "as a component of punitive damages."³⁶ Punitive damages are limited to an amount that will serve to compensate the plaintiff to the extent of his expenses of litigation less taxable costs.³⁷ Both punitive damages and attorney's fees can be awarded under certain statutes such as CUTPA.

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Notes:

^[32] Triangle Sheet Metal Works, Inc. v. Silver, 154 Conn. 116, 127 (1966); see also Barry v. Posi-Seal International, Inc., 40 Conn. App. 577, cert. denied, 237 Conn. 917 (1996).

^[33] Whitaker v. Taylor, 99 Conn. App. 719, 330 (2007) (internal quotation marks omitted).

^[34] Markey v. Santangelo, 195 Conn. 76, 78 (1985) (citations omitted; internal quotation marks omitted).

^[35] Markey v. Santangelo, 195 Conn. 76, 77 (1985).

^[36] Stohlts v. Gilkinson, 87 Conn. App. 634, 646...