Punitive Damages Reform: HB 551 (1988)
Requires, for the award of punitive damages, a plaintiff to
Requires, for the award of punitive damages, a plaintiff to show by “clear and convincing” evidence that a defendant acted with oppression, fraud or malice. The 1988 punitive damages reform statute requiring a plaintiff to show that the defendant acted with “flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct will result in human death or bodily harm” as a predicate for punitive damages liability violated “jural rights” provisions of the State Constitution. Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998).
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