Effective August 28, 2020, and subject to any potential court challenges and legislative modifications, Missouri law relating to punitive damages has changed quite a bit. The changes — codified in 510.261, RSMo — are procedural and substantive. Substantively, punitive damages cannot be award unless the plaintiff proves by “clear and convincing evidence that the defendant…
Legal Articles
Punitive Damages in Breach of Contract Cases
Punitive damages are “imposed for the purpose of punishment and deterrence.” Rodriguez v. Suzuki Motor Corp., 936 S.W.2d 104, 110 (Mo. 1996). As a general matter, punitive damages may not be awarded to a plaintiff in a breach of contract case. Peterson v. Continental Boiler Works, Inc., 783 S.W.2d 896, 902 (Mo. 1996). But there…
Verdict Interpretation, Inconsistent Verdicts
When interpreting a jury’s verdict, the Court reviews the entire record to discern the intent of the jury. Robinson v. Riverside Concrete, Inc., 544 S.W. 2d. 865, 871 (Mo. Ct. App. 1976). Courts are deferential to a jury’s findings; to that end, liberal regard is given to a verdict so that the court may give…
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…
Asset/Property Discovery in Punitive Damage Claims
One factor for a jury/judge to consider in a request for a punitive damages is the nature and extent of a defendant’s particular assets or finances. The reasoning is that if punitive damages are meant as a deterrent for particularly egrious conduct, a higher amount is necessary to drive home the point if the defendant…
Punitive Damages, Remittitur
One of the reasons settlements are favored in litigation is because there is much uncertainty involved in trials. This is true for trials tried to a judge or a jury. It is difficult, if not impossible, to predict what the judge or jury will consider to be important and how he/she/they will react to a given…
Punitive Damages with Equitable Relief, Legal Damages
Punitive damages (aka exemplary damages) are “imposed for the purpose of punishment and deterrence.” State ex rel. Smith v. Greene, 494 S.W.2d 55, 60 (Mo. 1973). Courts have consistently observed that punitive damages are a harsh remedy and should be applied sparingly. As such, proof of clear and convincing evidence is required to merit an award…
Nominal Damages
Broadly speaking, there are three types of damages in Missouri: (a) compensatory damages, (b) punitive damages and (c) nominal damages. Compensatory damages often form the core of a damages award. With compensatory damages, the goal of a court/jury is to award an amount of money damages that makes the plaintiff whole; specifically, the court/jury is…
Punitive Damages
Many people ask about punitive damages because they read about large jury awards in which steep punitive damages are levied against a Defendant. First, what are punitive damages? Second, how are they calculated? Punitive damages are simply a monetary sanction to punish a litigant for egregious conduct and/or to deter other individuals/entities from similar offenses…