Section 45 Punitive Damages

• Library: Damages 2012

Punitive damages may be justified to make an example of a defendant on account of the defendant’s outrageous conduct. The plaintiff must show a culpable mental state on the part of the defendant, by either a wanton, willful, or outrageous act or reckless disregard (from which evil motive is inferred) for an act’s consequences. Burnett v. Griffith, 769 S.W.2d 780 (Mo. banc 1989) (citing MAI 10.02 [1983 Revision]). (Note: The current version of MAI 10.02 is the 2008 Revision.) “Punitive damages may be awarded for conduct that is outrageous, because of the defendant’s evil motive or reckless indifference to the rights of others.” Burnett, 769 S.W.2d at 787 and 789 (citing Restatement (Second) of Torts § 908(2) (1979)). See also...