Aggravating Circumstances for Punitive Damages

Punitive damages are generally only permissible in cases where the defendant committed an intentional wrongdoing. This is the case because the law is more inclined to penalize and punish willful and wanton conduct, as opposed to accidental or inadvertent conduct. Punitive damages may, however, be obtained from a jury in negligence cases if there are “aggravating circumstances” proven by clear and convincing evidence. 
Aggravating circumstances exist in a negligence action if the defendant “knew or had reason to know a high degree of probability existed that the action would result in injury.” Poage v. Carne Co., 523 S.W.3d 496, 515 (Mo. Ct. App. 2017). Other legal authority suggests that aggravating circumstances are present when the defendant showed complete indifference to or conscious disregard for the safety of others. 
Contact with questions regardin punitive damages. 

Related Articles

Premises Liability: Third-Party Criminal Acts

November 22, 2023

As a general rule, if a customer/invitee of a business is harmed by a third-party criminal act, the business is not responsible. The rationale for this rule is that criminal acts are rarely foreseeable. Early v. Dunn, 670 S.W.3d 47, 51 (Mo. App. E.D. 2023). There are a number of exceptions. First, a duty arises…

Read More

Mootness, Exceptions

October 19, 2023

Courts generally shy away from rendering decisions in moot cases. A case is moot when “the question presented for decision seeks a judgment upon some matter which, if the judgment was rendered, would not have any practical effect upon any then existing controversy.” DCM v. Pemiscot County Juvenile Office, 578 S.W.3d 776, 780 (Mo. 2019). There…

Read More

Comity, Multiple Lawsuits, Litigation

October 11, 2023

In complex situations, it is not uncommon for multiple lawsuits to be pending in multiple jurisdictions. When this occurs, one court, in the interests of comity, may allow the other court to handle the entire dispute. At the state level in Missouri, comity is not an ironclad rule, but a rule of “practice, convenience, and…

Read More

Contracts: General versus Specific Provisions

October 2, 2023

Parties are bound to the terms of the contract they sign, unless induced by fraud, duress, or undue influence. Lehman v. Automotive Investments, LLC, 608 S.W.3d 733, 738 (Mo. App. E.D. 2020). In analyzing contracts, courts focus on the plain and ordinary meaning of the language used. Id. Often times, however, a conflict can arise between what…

Read More
Scroll to Top