Sentences with phrase «resulting punitive damage award»

The resulting punitive damage award may be substantial.

Not exact matches

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The results of this deposition will often significantly influence not only the outcome of the case, but the size of the recovery, and the award of punitive damages.

'' (g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to

In its Cain opinion, the Court discusses the fact that punitive damages awarded in the Expedious Management Company case were common law punitive damages while the damages awarded in the instant case were the result of a statute.

Punitive damages are a tool that, although intended to be used as a deterrent, can result in sizeable awards depending on an individual judge's / jury's understanding of the facts.

As a result, punitive damages may not be awarded in every case.

Punitive damages are most often awarded after a fatal accident or an accident that results in a catastrophic injury that will have a long term significant impact on your life.

Section 411.130 of the Kentucky Revised Statutes allows punitive damages to be awarded in wrongful death cases if the act that resulted in the death was either willful or the result of gross negligence.

However, those claims that do succeed have resulted in noticeably larger punitive damage awards in recent years.

An older decision that resulted in a significant punitive damage award is the 1996 decision Mustaji v. Tjin12.

The plaintiff alleged in the statement of claim that the Bank displayed the same tactics and approach in his dismissal as in earlier dismissal, which had resulted in court awards of punitive damages against the bank.

In Ontario misconduct during the course of litigation can also result in an award of punitive damages.

Few personal injury cases result in punitive damage awards, and there may need to be a compensatory award before the court or jury can consider a punitive damage award.

The case resulted in an award of $ 924,000 in unpaid compensation to Ms. Jafa - Bodden, and additional punitive damages of nearly $ 6.5 million.

Terhune v. Forum Group Corp et al.: Loretta Terhune was awarded $ 8.5 million in actual damages and $ 35 million in punitive damages as a result of the poor care her father received during the eight months he was a resident at Moran Lake Road Nursing Home in Rome, Ga..

The result of a seven - day jury trial was a wrongful death jury award of $ 16,520,000 for loss of life, pain and suffering, funeral expenses, and punitive damages.

The jury had decided the case in favor of plaintiff, who alleged negligence, negligence per se and intentional infliction of emotional distress, concluding also that defendant nursing home had acted with reckless disregard for the rights of others, resulting in a $ 10,000 punitive damage award tacked onto the $ 1.2 million in compensatory damages.

A Fresno Superior Court jury awarded $ 68 million (including $ 12.39 million in punitive damages) to the family of Silvino Perez, ruling that Dr. Pervaiz Chaudhry was responsible for putting Mr. Perez into a coma as a result of his negligence during surgery.

Simplifying a bit here, the plaintiff went on to argue that Massachusetts law permits punitive damages for intentional acts and, since discrimination is the result of intentional acts, any finding of discrimination is sufficient to support an award of punitive damages.

In a case where compensatory damages to the plaintiff are relatively low, such a result might be viewed as constitutionally suspect because of the supposed «disparity» between the «actual or poten - tial harm suffered by the plaintiff and the punitive damages award.»

One response to this problem is to note that those situations simply won't occur too often, and if they do, these results should not be viewed as controversial compared to the various cases in which courts have upheld punitive damages awards that constitute a far higher percentage of net wealth or value than what I've suggested under retributive dam - ages.

Ms. Birnbaum represented FMC Corporation in an appeal in New York that resulted in a reversal and new trial of a $ 5 million punitive damage award arising out of a construction accident.

The parties were unable to produce any Canadian case law in which punitive damages were awarded as a result of injuries sustained in a motor vehicle accident caused by an impaired driver nor were they able to produce any appellate authority that prohibited such damages in this context.

As a result of this reversal, the court concluded that the punitive damages award could no longer stand.