Section 1 Introduction

• Library: Damages 2012

Over a century ago, the Supreme Court of Missouri wrote that punitive damages “may serve for an example to others in like cases, and may so far be called exemplary.” McKeon v. Citizens’ Ry. Co., 42 Mo. 79, 87 (1867); Beggs v. Universal C.I.T. Credit Corp., 409 S.W.2d 719, 724 (Mo. 1966) (“Punitive damages are awarded for the purpose of inflicting punishment for wrongdoing, and as an example and deterrent to similar conduct.”). The Court first allowed an award of punitive damages in Klingman v. Holmes, 54 Mo. 304 (1873). Later, the Court wrote that punitive damages were a “fine which society imposes on the offender to protect its peculiar interests.” Lampert v. Judge & Dolph Drug Co., 141 S.W. 1095, 1097 (Mo. 1911).

Missouri courts have traditionally been rather progressive, if not liberal, in their view toward punitive damages awards. Consequently, as punitive damages awards have evolved and commanded more attention, rulings from Missouri courts have often been cited in other jurisdictions, paving the way for punitive damages awards in new areas. For example, in 1978, Judge R. Kenneth Elliott of Clay County instructed the jury on punitive damages in a products liability case and was affirmed on appeal...