Damages Flashcards
Types
punitive, compensatory, nominal
Nominal
make a point, vindication, make smart
Compensatory
make π whole
Punitive
punish
Anderson v. Sears
Maximum recovery: court will overrule a jury only if the damages exceeds reasonable jury find on facts
Richardson v. Chapman
Courts may order a remittitur of damages when a jury’s assessment of damages is excessive based on evidence
Montgomery Ward v. Anderson
The collateral source rule prevents the introduction of evidence of payments received by an injured parties collateral against the wrongdoer?
Cheatham v. Pohle
π has no right or entitlement to an award of punitive damages
State Farm v. Campbell
The validity of punitive damages awarded is assessed on the following factors:
the degree of condemnable conduct
the difference between actual or potential injury and the damages granted, difference between punitive damages and civil penalties