Section 17.17 Exemplary Damages

• Library: Tort Law 2016

d. (§17.17) Exemplary Damages

Punitive damages may be recovered in conversion actions. The purpose of imposing punitive damages is to punish and deter. Perkins v. Dean Mach. Co., 132 S.W.3d 295 (Mo. App. W.D. 2004). A submissible case for punitive damages "is made if the evidence and the inferences drawn therefrom are ‘sufficient to permit a reasonable juror to conclude that the plaintiff established with convincing clarity—that is, that it was highly probable—that the defendant’s conduct was outrageous because of evil motive or reckless indifference.’" Id. at 299 (quoting Fabricor, Inc. v. E.I. DuPont de Nemours & Co., 24 S.W.3d 82, 97 (Mo. App. W.D. 2000)). In Perkins, the court held that the plaintiffs made a submissible case for punitive damages when their evidence showed the seller of the bulldozer forged...