Summary
The Supreme Court of New York, Appellate Division, Fourth Department, affirmed an order granting defendants summary judgment dismissing the plaintiff’s claim for punitive damages arising from a motor vehicle accident. The court held that the record did not establish the gross recklessness, intentional misconduct, wantonness, or other circumstances necessary to support an award of punitive damages.
Holdings
- Punitive damages are available only when the defendant's conduct demonstrates a high degree of moral culpability, transcends mere carelessness, constitutes willful or wanton negligence or recklessness, or otherwise involves grossly reckless, intentional, wanton, malicious, evil, or reprehensible conduct aimed at the public generally.
- Summary judgment dismissing plaintiff's punitive-damages claim was proper because the record did not evince circumstances warranting punitive damages.
Questions Presented
- Whether the record presented circumstances warranting an award of punitive damages for defendants' conduct in connection with the motor vehicle accident.
- Whether Supreme Court properly granted defendants summary judgment dismissing the punitive-damages claim.
Disposition
affirmed
Cases Cited (8)
- Fernandez v. Suffolk County Water Auth., 276 A.D.2d 466, 467 (2000)(followed)
- Lee v. Health Force, 268 A.D.2d 564 (2000)(followed)
- Rey v. Park View Nursing Home, 262 A.D.2d 624, 627 (1999)(followed)
- Buckholz v. Maple Garden Apts., LLC, 38 A.D.3d 584, 585(followed)
- Pascazi v. Pelton, 210 A.D.2d 910(followed)
- Ross v. Louise Wise Servs., Inc., 8 N.Y.3d 478, 489(followed)
- Cushing v. Seemann, 247 A.D.2d 891, 893(followed)
- Green v. Passenger Bus Corp. (appeal No. 2), 61 A.D.3d 1377, 1378(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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