Punitive Damages Reform: HB 1197 (1986)

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Provides that an award for punitive damages may not exceed


Provides that an award for punitive damages may not exceed an award for compensatory damages.  Permits a court to reduce a punitive damages award if deterrence can be achieved without the award.  Permits a court to increase a punitive damages award to three times an award for compensatory damages if misbehavior continues during trial.  Requires one-third of punitive damages awards to be paid to the state fund.  The law requiring plaintiff to pay one-third of any punitive damages award collected to the State general fund was an unconstitutional taking of property without just compensation under both the Federal and Colorado Constitutions.  Kirk v. Denver Publishing Co., 818 P.2d 262 (Colo. 1991).

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