Punitive Damages Reform: SB 1200 (1986).
Prohibits a plaintiff from pleading punitive damages in an original
Prohibits a plaintiff from pleading punitive damages in an original complaint. Requires a subsequent motion for punitive damages to show at a hearing a reasonable chance that the plaintiff will recover an award for punitive damages at trial. Requires a plaintiff to show that the defendant acted “willfully and wantonly.” Provides discretion to the court to award punitive damages among the plaintiff, the plaintiff’s attorney, and the State Department of Rehabilitation Services.
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