Sentences with phrase «wanton conduct»

Requires a plaintiff to show by «clear and convincing» evidence that a defendant was liable for compensatory damages and acted with fraud, malice, willful or wanton conduct.

Victims of car accidents that involve «willful or wanton conduct» such as drunk driving may be entitled to seek punitive (punishment) damages, as well.

There is one other exception for baseball and hockey games when you're injured because of willful or wanton conduct by the owner, operator, a player, or a coach.

• Funeral and burial expenses • Any medical expenses • Loss of financial support • Loss of love and companionship • Exemplary or punitive damages if the defendant's conduct amounted to gross, willful or wanton conduct

Not exact matches

The film gives no evidence that she became addicted to drugs, alcohol, or wanton sexual conduct.

UltimatePointer was found to have engaged in «bad faith, vexatious, [and] wanton» conduct when deciding to accuse products it had not investigated and that, in some cases, did not exist.

The only question was whether the government's conduct was «willful or wanton,» in which case immunity would not apply.

If a defendant's conduct is found to be willful, wanton, malicious, reckless, oppressive, or fraudulent, punitive damages may be imposed in New Mexico.

The big pharmaceutical company, Johnson & Johnson, was found liable for design flaws, manufacturing defects, fraud, deceptive business practices, and the claim also asserts that the company acted with wanton, reckless, or malicious conduct.

Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.

Instead, Ambrogi notes, in John Doe v. Mary Moe the court recommends that «adults engaged in consensual sexual behavior should be held to a standard that requires them not to engage in wanton or reckless conduct toward each other.»

See also Vogel v. Sylvester, 148 Conn. 666, 174 A. 2d 122 (1961)(court held that the jury could have found that the defendant's conduct was of a wanton, brazen, and cruel type specifically calculated to increase injury to the plaintiff's feelings).

Damages in Wrongful Death case include medical expenses incurred by the victim during life - saving efforts, funeral expenses, lost income that the decedent would have earned through retirement, compensation for the lost services of the decedent, compensation for the lost relationship and companionship, and punitive damages in cases involving willful and wanton or intentional conduct.

SB 439 Specifies grounds for impeachment of Kansas Supreme Court justice and District Court judges chosen via merit / commission system to include «attempting to subvert fundamental laws and introduce arbitrary power, attempting to usurp the power of the legislative or executive branch of government, exhibiting wanton or reckless judicial conduct.»

In addition, if there is evidence that the driver's conduct was deliberate or wanton, the jury may be entitled to award punitive damages to punish the driver and prevent future harm.

Massachusetts allows for punitive damages if the conduct of the negligent defendant was «malicious, willful, wanton, reckless or grossly negligent.»

Punitive damages may be awarded when a defendant's conduct is particularly willful, wanton, malicious, vindictive, or oppressive.

In situations in which the defendant's conduct was willful, reckless, or wanton, the personal representative may also seek punitive damages.

In order to establish an immunity waiver, the plaintiff needed to show willful, wanton, or grossly negligent conduct or that the defendant actually knew about the dangerous condition, while the plaintiff didn't, and the defendant failed to provide warnings about the condition.

The Plaintiff had contended that social hosts and social companions who supplied alcohol to an intoxicated underage adult should be held liable for injuries he had sustained where their conduct was wilful, wanton, or reckless.

The Court specifically refused to extend liability to such situations, believing that the imposition of liability on social hosts for wilful, wanton, or reckless conduct was a matter of social policy on which the Supreme Judicial Court had deferred to the Legislature.

Under a theory of direct liability, a plaintiff may receive punitive damages from a defendant who «engaged in conduct that was malicious, willful, reckless, wanton, fraudulent or in bad faith.»

We were able to convince the judge assigned to the case to grant us the ability to ask for punitive damages at a jury trial due to the defendant's willful and wanton reckless conduct in driving while under the influence of alcohol.

For example, in every jurisdiction where punitive damages are allowed, the fact - finder must make a predicate finding about the defendant's culpable state of mind, i.e., did the defendant's action evince something like «wanton, willful, malicious, or reckless conduct that shows an indifference to the rights of others?»

Since the employee's conduct could not be imputed to the hospital, and the record did not otherwise support a finding that the hospital's conduct was malicious, willful, or wanton, the Court of Appeals concluded the plaintiffs did not have recoverable emotional injuries.

The law also provides that if the defendant refused to take a blood alcohol test, his or her conduct still can be considered sufficiently willful or wanton based on evidence about the conduct or condition of the defendant.

See, e.g., Ryckeley v. Callaway, 261 Ga. 828, 829 (1992)(explaining that «[i] f [emotional harm] is not accompanied by physical injury or pecuniary loss, recovery is allowed only if the conduct... was «malicious, willful, or wanton.

Punitive damages may be awarded for trespass for fraudulent, malicious, or calculated conduct, where the defendant «has shown a wanton disregard for the plaintiff's rights as property owner»: Pyper v. Crausen (2008), 37 C.E.L.R. (3d) 257 (Ont.

I don't think that conduct is wanton or reckless.

Requires a plaintiff to show by «clear and convincing» evidence that a defendant acted with «wanton» conduct for the recovery of punitive damages.