In a prior post, there was a case of driver who allegedly caused a motor vehicle accident by deliberately running through a red light. The question in that post was if the mental state of the offending driver could be used as a defense in a civil case. The answer was no.
Compensatory Damages
However, this type of accident gives rise to the question of punitive damages. Punitive damages are different than compensatory damages. Compensatory damages make up for a loss that a person has sustained. In the case of a motor vehicle accident, this could be an award for pain and suffering, medical expenses, and loss wages.
Punitive Damages
Punitive damages punish the defendant for reprehensible conduct and deter such conduct in the future from the particular defendant in the case and society in general. Ross v Louise Wise Services, Inc., 8 NY3d 478, 836 NYS2d 509 (2007).
Standard Of Proof
In New York City, there is a different standard of proof to award punitive damages. Compensatory damages are awarded when a jury finds a preponderance of the evidence. However, in the City of New York, a jury can only award punitive damages when there is clear and convincing evidence of reprehensible conduct. Randi A.J. v Long Island Surgi-Center, 46 AD3d 74, 842 NYS2d 558 (2d Dept 2007); Munoz v Puretz, 301 AD2d 382, 753 NYS2d 463 (1st Dept 2003).
Requirements
Punitive damages may only be awarded in cases where there has been an award for compensatory damages. Hubbell v Trans World Life Ins. Co. of New York, 50 NY2d 899, 430 NYS2d 589 (1980). A plaintiff must show recklessness or conscious disregard of the rights of others. Hartford Acc. and Indem. Co. v Hempstead, 48 NY2d 218, 422 NYS2d 47 (1979).
Statutory Authorization
Besides reprehensible conduct, certain statutes authorize punitive damages. For example, invasion of privacy, NY Civil Rights Law section 51, or the illegal sale of intoxicating liquor. NY General Obligations Law section 11-101.
But due to the (1) increased burden of proof and (2) the requirement showing recklessness on the defendant’s part, most cases do not warrant punitive damages.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.