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Miller v. B.H.B. Enterprises9/3/2002
st a corporation is that such damages may be assessed in accord with the complicity rule but not upon a vicarious liability rule." Hartford Accident & Indem. Co. v. American Red Ball Transit Co., Inc., 938 P.2d 1281, 1292 (Kan. 1997).
In Illinois , " he corporate-complicity rule allows for the imposition of punitive damages against a corporation if a superior officer of the corporation ordered, participated in, or ratified outrageous conduct on the part of an employee." Hargan v. Southwestern Elec. Co-op., Inc., 725 N.E.2d 807, 810-11 (Ill. App. 2000) (citing Kemner v. Monsanto Co., 576 N.E.2d 1146, 1157 (1991)(emphasis supplied)).
The State of Idaho also follows the corporate complicity rule. "A corporation is liable for punitive damages based upon the acts of its agents if the directors and managing officers participated in, or authorized or ratified, the agents' acts." Student Loan Fund of Idaho, Inc. v. Duerner, 951 P.2d 1272, 1280 (Idaho. 1997) (emphasis supplied).
In North Carolina the General Assembly has spoken. G.S. ยง 1D15(c) is clear and explicit. I concur with the majority's holding that defendant is vicariously liable in negligence for the actions of its employees. However, in the total absence of any evidence that "officers, directors, or managers of [defendant] corporation participated in or condoned the conduct . . . ," I respectfully dissent from that portion of the majority's opinion that affirms the trial court's award of punitive damages against the corporate defendant based solely on vicarious liability. I would vacate that portion of the judgment awarding plaintiff punitive damages. I respectfully dissent.
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