Replies

What do you base your statement regarding punitive damages on? Do you know what the standard is in MN to allow recovery for punitive damages? I don't know either, but I doubt it is as liberal as states where you hear about the outrageous awards being granted. Of course, as I said most likely such an award would never be allowed to stand, but no one bothers to see how the story ends, they see an article that confirms their (uninformed) beliefs, so that is all they need.

I live in TN, here is what the state of tort is here, in a nutshell:

punitive damages: only available when the harm results from gross negligence or an intentional act. Why? actual damages aren't to punish the tortfeasor, but to compensate the victim. Negligence doesn't deserve punishment, but gross negligence or intentionally causing harm does. What happens if the jury is outraged, and awards $1 million in actual damages, and $20 million in punitive? Judge automatically throws out the whole punitive award. Anything over 10X the actual damages and the jury is assumed to be acting under passion rather than reason.

actual damages: what happens when you have a negligently caused injury, a plaintiff that the jury likes and a very talented plaintiff's lawyer who gets his client an award far in excess of what others normally receive for the same injury? The defense files a remittitur motion, meaning the trial judge can reduce the award to the upper limit of what is normally given for a similar injury. Defense still can appeal, and will, if it is a big award (even if deserved) in the hopes of getting the plaintiff to settle for less or to delay paying.

In the "real world", deserving plaintiffs get screwed a lot more than innocent defendants.