Section 14 Punitive Damages

• Library: Merchandising Practices Act 2013

The MPA includes a provision for punitive damages to be awarded. Although the statute says that “the court may, in its discretion, award punitive damages,” § 407.025.1, RSMo 2000, the jury actually determines the punitive damage award. Chong v. Parker, 361 F.3d 455 (8^th Cir. 2004); see also Scott v. Blue Springs Ford Sales, Inc.,
176 S.W.3d 140, 142 (Mo. banc 2005). The jury will only be permitted to assess punitive damages if the court finds, as a matter of law, that the conduct was outrageous and stemming from an evil motive or reckless indifference. Chong, 361 F.3d at 458; see also Perkins v. Dean Mach. Co., 132 S.W.3d 295, 299 (Mo. App. W.D. 2004). All fraudulent sellers, whether or not a seller was a merchant, are liable under the MPA. Chong, 361 F.3d at 460.

Knowledge and intent are also relevant to punitive damages. Bird v. John Chezik Homerun, 152 F.3d 1014 (8^th Cir. 1998). Evidence that the violations were not isolated incidents or inadvertent mistakes is also...