DAMAGES

Question 1

LIST THE TYPES OF DAMAGES

Answer 1

 Money
1. Nominal damages: small sum of money awarded to the P in order to vindicate rights.
2. Compensatory damages: intended to represent the closet possible financial equivalent of the loss or harm suffered by the P, to restore the P to the position the P was in before the tort occurred.
3. Punitive damages: an additional sum, over and above the compensation of the P, awarded in order to punish the D and to deter D and other from engaging in similar tortious conduct. They are based on the D’s behavior and characteristics.
 Equitable Relief

Question 2

compensatory damages

Answer 2

RULE: Past and/or future damages for P’s “personal injuries” is assessed based on the evidence for each relevant category:
1. Non-economic losses (e.g., pain and past/future suffering, permanent disability and disfigurement)
2. Economic losses (e.g., medical expenses, lost earnings / profits)

evidence necessary to avoid remitter,
may need expert testimony,
collateral sources are not included when calculating damages.

Question 3

Punitive damages

Answer 3

not to compensate P but to punish D and deter other from acting in a similar misconduct. los, the legislature is free to create, modify and abolish common law doctrine re punitive damages.

Question 4

punite damages in florida

Answer 4

Fla. Stat. 768.73
Default Rule: Total punitive damages awarded must not exceed the greater of 3x compensatory damages to each claimant OR $500K.

Exception 1: Specific Intent to Harm: If any D had specific intent to harm the claimant and did in fact harm claimant, NO CAP on punitive damages.

Exception 2: Corporate-Profit-Driven + Actual Knowledge: If misconduct was solely motivated by unreasonable financial gain + D corporate officer had actual knowledge of danger and high likelihood of injury, punitive damages must not exceed the greater of 4x compensatory damages to each claimant OR $2 million.

Question 5

how does Court assess whether punitive damages are so excessive as to violate constitutional due process?

Answer 5

They balance three factors:
a) degree of reprehensibility of D’s misconduct;
b) disparity between actual (or potential) harm suffered by P and punitive damages awarded; AND
c) difference between punitive damages awarded by jury and civil penalties imposed in comparable cases.

Question 6

Pure Economic Loss

Answer 6

PEL arises when a person suffers pecuniary loss not consequent upon injuries to his person or property.
Generally, absent personal injury of property damage, a P may not recover “pure economic loss” [PEL] flowing from the negligence of a D, because the D is said to have no duty to protect against such losses.