Damages Flashcards
Types of damages
- Compensatory
- Punitive
- Nominal
When are nominal damages awarded?
- When a tort has been committed, but P has not suffered a substantial loss or injury
- Often for trivial amount of money like $1
Are nominal damages available for negligence torts?
No, negligence requires actual harm/loss
What is a common purpose for nominal damages?
So that P can be marked as prevailing party and receive attorney’s fees
Purposes of Punitive Damages
- Punishment
2. Deterrence
Is there a bright-line ratio that punitive damages cannot exceed?
No, but typically 4-1 (single-digit) ratio between punitive and compensatory damages satisfies due process
Punitive Damages Guideposts
- Degree of reprehensibility of D’s misconduct
- Disparity between actual and potential harm suffered by P and punitive damages awarded and
- Difference between punitive damages awarded and civil penalties authorized or imposed in comparable cases
Punitive Damages in TN - Cap
- May only be awarded if P proves by clear and convincing evidence that D acted maliciously, intentionally, fraudulently, or recklessly
- Shall not exceed amount equal to greater of
- 2x total amount of compensatory damages
- $500,000
Punitive Damages in TN - Exceptions to Cap
- D commits intentional tort
- D is convicted of felony for act that caused P injury
- D intentionally falsifies, destroys, or conceals documents/evidence
- D is intoxicated by drugs or alcohol
Purpose of Compensatory Damages
Restore P to pre-tort status through monetary compensation
Types of Compensatory Damages
- Economic losses
2. Non-economic losses
Economic losses
Special damages
Non-economic losses
General damages
Examples of Economic Losses
- Lost earnings
- Loss or impairment of future earning capacity
- Past and future medical expenses
Lost earnings
- Looks back in time
2. What P was unable to earn in income in the past because of the injury
Loss/impairment of future earning capacity
- Looks forward
2. What P would have earned in income in the future if P had not been injured
Examples of Non-economic Losses
- Past and future physical pain and suffering
- Past and future mental pain and suffering
- Permanent disability/disfigurement
Loss of enjoyment of life - Majority
- Not separable compensable element from pain and suffering
- Cannot be listed as separate item on jury form
(Not TN’s view)
Loss of enjoyment of life - Minority
- Is recoverable as separate element of general (non-economic) damages
- May be included as separate item on jury form, at discretion of trial judge
(TN’s view)
Loss of enjoyment of life - TN
- Recoverable as separate element of general (non-economic) damages
- May be included as separate item on jury form, at discretion of trial judge
(Minority view)
TN’s Cap on Non-economic Damages
750,000
Exceptions to TN’s Cap on Non-economic Damages
- P: imputation of two limbs
- P: 3rd degree burns over 30% of body
- P: Spinal cord injury = quadriplegic or paraplegic
- P: Death of custodial parent with surviving minor children
- D: Intentional tort causes P’s injury
- D: Felony causes P’s injury
- D: Intentionally falsifying, destroying, or concealing documents/evidence
- D: Intoxicated by drugs or alcohol
Purpose of Remittitur
Control excessive jury award
Remittitur
Order providing P with option to either
- Accept damages award smaller than that awarded by jury or
- Get a new trial
Purpose of Additur
Avoid new trial on grounds of inadequate damages
Additur
Order increasing jury’s award
Additur - Majority
Unconstitutional because they violate right to jury trial
not TN’s view
Additur - Minority
Constitutional
TN’s view
Additur - TN
Constitutional
minority view
Remittur - TN
Constitutional
majority view
Remittur - Majority
Constitutional
TN’s view
