Irene V. Alvarado v. Otis Elevator Company

Summary

The United States District Court for the Western District of Missouri denied Otis Elevator Company’s Rule 12(b)(6) motion to dismiss Irene V. Alvarado’s punitive-damages claim. The court held that punitive damages may be pleaded in a separate count when they are sought in connection with an underlying negligence claim, and that the complaint plausibly alleged Otis had actual knowledge of a dangerous elevator condition and acted with the requisite reckless disregard.

Holdings

1. Punitive damages are not an independent cause of action, but they may be pleaded in a separate count when sought in connection with an underlying claim for actual damages; Plaintiff's Count Two was not an independent cause of action.
2. The complaint plausibly stated a claim for punitive damages under Missouri law because its allegations, accepted as true, could support an inference that Otis knew or had reason to know of a high probability of injury and nevertheless failed to correct or remove the dangerous elevator condition.

Questions Presented

1. Whether a punitive-damages request may be pleaded in a separate count when it is not asserted as an independent cause of action.
2. Whether Plaintiff's allegations plausibly state a claim for punitive damages under Missouri law.

Disposition

other