The court also granted the defendant's motion for a directed verdict on the issue of
aggravating circumstances damages.
Not exact matches
Ultimately,
aggravated damages depend on a case by case assessment, including the evidence, the
circumstances surrounding the termination, and the mercy of the court.
In some states, Missouri for example, a wrongful death case may permit recovery of special
damages for «
aggravating circumstances» that are unique to such cases.
The Court, however, leaves the door open for punitive
damages claims when cell phones are involved and there are other
aggravating circumstances.
Consequently, while the traditional factors to be considered in determining general
damages for defamation remain relevant (for instance, the plaintiff's conduct, position and standing, the nature and seriousness of the defamatory statements, the mode and extent of publication, the absence or refusal of any apology or retraction, the whole conduct and motive of the defendant from publication through judgment, and any evidence of
aggravating or mitigating
circumstances), they must be examined in light of the internet context of the offending conduct.