 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Owens-Corning Fiberglas Corp. v. Malone6/5/1998
ive damages are not designed or intended to compensate or enrich individual victims. See Transportation Ins. Co. v. Moriel, 879 S.W.2d 10, 16 (Tex. 1994); see also BMW of North America, Inc. v. Gore, 517 U.S. 559, 568 (1996). Instead, the purpose of punitive damages is to punish a party for its "outrageous, malicious, or otherwise morally culpable conduct" and to deter it and others from committing the same or similar acts in the future. See Moriel, 879 S.W.2d at 16-17; Lunsford v. Morris, 746 S.W.2d 471, 471-72 (Tex. 1988).
We have approved the Kraus factors as instructions for juries about punitive damages. See George Grubb Enters., Inc. v. Bien, 900 S.W.2d 337, 338 (Tex. 1995). Moreover, although we have never considered what type of evidence is admissible to mitigate punitive damages, we have recognized that a "defendant's `ability to pay' bears directly on the question of adequate punishment and deterrence." See Lunsford, 746 S.W.2d at 472; see also Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322, 329 (Tex. 1993)(Gonzalez, J., Concurring)(contending that jury should hear net worth evidence "plus any other evidence" relevant to the amount of punitive damages).
Other courts have held that factors about a party's financial situation beyond net worth are relevant to the punitive damages amount necessary to satisfy the purposes of punitive damages. See, e.g., Viking Ins. Co. v. Jester, 836 S.W.2d 371, 379 (Ark. 1992)(holding that jury may consider defendant's "financial condition" when assessing punitive damages); Stevens v. Owens-Corning Fiberglas Corp., 57 Cal. Rptr.2d 525, 536-37 (Cal. Ct. App. 1996)(holding that defendant may inform the jury about other punitive damages awards for the same conduct, but the impact of those awards can only be measured if the awards have actually been paid); W.R. Grace & Co.--Conn. v. Waters, 638 So.2d 502, 506 (Fla. 1994)(allowing defendant to introduce evidence about previous punitive damage awards in second stage of bifurcated trial); Spaur v. Owens-Corning Fiberglas Corp., 510 N.W.2d 854, 868 (Iowa 1994)(allowing for consideration of past awards actually paid by defendant for the same course of conduct); Tetuan v. A.H. Robins Co., 738 P.2d 1210, 1241 (Kan. 1987)(allowing evidence of other punitive damage awards); Bennett v. Owens-Corning Fiberglas Corp., 896 S.W.2d 464, 468 (Mo. 1995)(holding that the defendant's "specific financial condition" is admissible in mitigation of punitive damages); Fischer v. Johns-Manville Corp., 512 A.2d 466, 480 (N.J. 1986)(allowing defendants to offer evidence of previously paid punitive damage awards for jury to consider whether the defendant has been sufficiently punished); Wangen v. Ford Motor Co., 294 N.W.2d 437, 459-60 (Wis. 1980)(holding that the jury may consider punitive damages, fines, and forfeitures already imposed on the defendant); Sears v. Summit, Inc., 616 P.2d 765, 772 (Wyo. 1980)("Not only may the plaintiff introduce evidence as to the wealth of the defendant, but the defendant may also introduce evidence of impecunity in order to mitigate the award of punitive damages."); see also Seltzer, Punitive Damages in Mass Tort Litigation: Addressing the Problems of Fairness, Efficiency and Control, 52 Fordham L. Rev. 37, 59 (1983)("By considering other punishment for the same conduct, along with evidence of the defendant's current financial status, a jury should be able to make a more informed judgment of the amount necessary for punishment and deterrence.").
We are persuaded that Texas law should allow defendants to introduce some evidence to mitigate punitive damages. Accordingly, we hold that evidence about the profitability of a defendant's misconduct and about any settlement amounts for punitive
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|