Missouri Laws 510.261 – Punitive damages, restrictions on award of — proper award, when — civil ..
1. Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.
2. Punitive damages may only be recovered if the trier of fact awards more than nominal damages or if the claim or claims for which nominal damages are solely awarded invoke privacy rights, property rights, or rights protected by the Constitution of the United States or the Constitution of the state of Missouri.
Terms Used In Missouri Laws 510.261
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
- Property: includes real and personal property. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
3. Punitive damages can properly be awarded against an employer or other principal because of an act by an agent if, but only if:
(1) The principal or a managerial agent of the principal authorized the doing and the manner of the act;
(2) The agent was unfit and the principal or a managerial agent of the principal was reckless in employing or retaining him or her;
(3) The agent was employed in a managerial capacity and was acting in the scope of employment; or
(4) The principal or a managerial agent of the principal ratified or approved the act.
4. When an employer admits liability for the actions of an agent in a claim for compensatory damages, the court shall grant limited discovery consisting only of employment records and documents or information related to the agent’s qualifications.
5. No initial pleading in a civil action shall contain a claim for a punitive damage award. Any later pleading containing a claim for a punitive damage award may be filed only with leave of the court. A trial court may grant leave to file such a pleading only on written motion by the claimant, filed no later than one hundred twenty days prior to the final pretrial conference in the case or, if there is no scheduled pretrial conference, one hundred twenty days prior to the date set for trial, that is supported by affidavits, exhibits, or discovery materials establishing a reasonable basis for recovery of punitive damages. Any party opposing leave may file affidavits, exhibits, or discovery materials demonstrating that the standards for a punitive damage award pursuant to this section have not been established. If the trial court concludes, following its review of all materials submitted in connection with the motion, that based on the evidence to be admitted at trial a trier of fact could reasonably conclude, based on clear and convincing evidence, that the standards for a punitive damage award contained in this section have been met, the court shall grant leave to file the pleading seeking a punitive damage award. The court shall rule on a motion for leave to file a pleading seeking punitive damages no later than forty-five days after a hearing on the motion or, if no hearing is held on the motion, after the party opposing the motion has filed its response to the motion. The responsive pleading shall be limited to responding to the newly amended punitive damages claim.
6. The amount of punitive damages shall not be based, in whole or in part, on harm to nonparties.
7. No judgment that includes a punitive damage award shall be entered in any civil action in any court of this state, or in any court in which claims are asserted based on the constitution, statutes, or common law of this state, unless the requirements and procedures for a punitive damage award contained in this section and sections 510.263 and 537.675 are met.
8. Except to the extent that they are expressly inconsistent with this section, all common law limitations on punitive damages and all limitations on the recovery of punitive damages contained in other sections of the laws of this state remain in full force and effect.
9. As used in this section, the term “punitive damage award” means an award for punitive or exemplary damages or an award for aggravating circumstances.