 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Wischer v. Mitsubishi Heavy Industries America9/30/2003
l, the legislature intended to heighten the standard for the recovery of punitive damages. Although the legislature did not supply a definition of the new phrase "intentional disregard of the rights of the plaintiff," Note 2 accompanying Wis JI-Civil 1707.1, offers some guidance:
The [second] basis for punitive damages is if the "defendant acted ... in an intentional disregard of the rights of the plaintiff." This part of the standard was clearly intended to be more narrow than the case law standard which allowed punitive damages for conduct which "shows a reckless indifference to or disregard of the rights of others on the part of the wrongdoer." ... The legislative history reveals only that "intentional disregard" was ultimately favored over earlier drafts and bills which provided recovery for "wilful disregard" of the rights of the plaintiff. See LRB-1744 drafted 12/3/94, 1993 S.B. 152, 1991 S.B. 138, 1989 S.B. 153 (which provided "wilful or conscious" disregard).
There is, of course, no case law which defines "intentional disregard of the plaintiff's rights." The Committee finds the statutory formulation of criminal intent in Wis. Stat. § 939.23, to be helpful. "`Intentionally' means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result." The Committee's reference to the Criminal Code's formulation of the definition of "intentionally" is well supported by the court of appeals decision in Shepard v. Outagamie County, 189 Wis. 2d 279, 286-87, 525 N.W.2d 764 (1994). In Shepard, the court of appeals found that: "The legal definition of `intentional' is essentially the same, whether found in tort law or criminal law, and we see no reason to use a separate definition when interpreting the same word...." Id. ... Accordingly, the Committee largely adapted the definition of "intentionally" as set forth in section 939.23.
Wisconsin Stat. § 939.23(3) defines intent under criminal law: "`Intentionally' means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result." (Emphasis supplied.) This conclusion is further supported by Wis JI-Civil 2001, which provides a definition of "intent":
Intent requires both an intent to do an act and an intent to cause injury by that act. An intent to cause injury exists where the actor actually means to cause injury by his or her conduct or where injury is almost certain to occur from the actor's conduct.
....
If ... the conduct of (defendant) merely created a risk of some harm to someone, which may or may not have resulted, then (defendant)'s conduct was negligent as opposed to intentional.
. Based on this analysis offered by the jury instruction and the Jury Instruction Committee, which our supreme court acknowledges can offer "insightful and persuasive" assistance in interpreting legislative enactments, see Nommensen v. American Cont'l Ins. Co., 2001 WI 112, , 246 Wis. 2d 132, 629 N.W.2d 301, we are convinced that there is only one reasonable interpretation of Wis. Stat. § 895.85(3). The more demanding statute requires both a general intent to perform an act and a specific intent to cause injury by that act or knowledge that the act is practically certain to result in injury, and not, as the plaintiffs would have it, a volitional act that results in unintended and unforeseen injuries.
. To conclude otherwise would lead to unreasonable results and expand, rather than narrow, the scope of cases where punitive damages may be awarded. To affirm the trial court's interpretatio
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Wisconsin Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|