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What does the plaintiff need to show to recover punitive damages?

 

A:

A plaintiff may recover punitive damages for false imprisonment only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.  "Intentional misconduct" means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite the knowledge, intentionally pursued that course of conduct, resulting in injury or damage.  "Gross negligence" means that the defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of the people exposed to the conduct. 

 




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