PLA 3277 Lecture Notes - Lecture 7: Derivative Suit, Subrogation, Cadaver
23 Aug 2016
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Special: loss of income, medical expenses, property damages ; future impairment of earnings. Future damages reduced to present day value, economic damages. Avoidable consequences rule: cannot recover for damages reasonably avoided (safety belts and motorcycle helmets) Awarded only when the defendant"s conduct is egregious or almost criminal: come seldom is what it means. A defendant may be held liable for punitive damages only if the trier of fact, based on learn and convening evidence, finds that the defendant was personally guilty of intentional misconduct or gross neg. Limited to 3x the amount of compensatory or 500, 000, whichever is greater. Exceptions for torts involving financial gain, intentional actions and alcohol related torts. Generally not disturbed exceptions for verdicts which indicate prejudice, ignored evidence, improper considerations, unsupported by facts. Remittiturs and auditors may be accepted or there will be a new trial on the issue of damages. Special verdict for economic, non-economic and punitive damages.
