Section 32 Degree of Malice and Other Factors

• Library: Damages 2012

Net worth of the defendant, while important, is only one factor properly for consideration as affecting punitive damages. Hupp v. N. Hills Lincoln-Mercury, Inc., 610 S.W.2d 349, 357 n.3 (Mo. App. W.D. 1980), disavowed on other grounds by Sanders v. Daniel Int’l Corp., 682 S.W.2d 803 (Mo. banc 1984). Other factors are:

· the degree of malice;

· age, sex, health, and character of the injured party;

· intelligence and affluence of the tortfeasor; and

· other like circumstances.

See:

· Moore v. Mo.-Neb. Express, Inc., 892 S.W.2d 696, 724 (Mo. App. W.D. 1994)

· Cook v. Housewirth, 254 S.W.2d 283, 286 (Mo. App. W.D. 1953)

· Hussey v. Ellerman, 215 S.W.2d 38, 42 (Mo. App. E.D. 1948)

· Peak v. W.T. Grant Co., 386 S.W.2d 685, 693 (Mo. App. W.D. 1964)

In State ex rel. St. Joseph Belt Ry. Co. v. Shain, 108 S.W.2d 351, 356 (Mo. 1937), the Court stated:

Exemplary damages are inflicted by way of punishment for the doing of an act maliciously and are proportioned to the degree of malice, criminality, or contumely characterizing the act, to the age, sex, health, and character of the injured party, the intelligence . . . and affluence of the tort-feasor, and other like circumstances.

Juries do not have carte blanche in awarding punitive damages. “Attendant circumstances, including mitigating as well as aggravating circumstances, must be taken into consideration, and the amount must be equated to the degree of malice...