Missouri Senate

Introduced

PUNITIVE DAMAGES - GENERAL (Sections 510.259, 510.263, and 510.265)

This act provides that punitive damages shall only be awarded if the plaintiff proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others, and the plaintiff is awarded more than nominal damages. Punitive damages may only be awarded against an employer due to an employee's conduct in certain situations, as provided in the act.

A claim for punitive damages shall not be contained in the initial pleading and may only be filed as a written motion with permission of the court no later than 120 days prior to the final pretrial conference or trial date. The written motion for punitive damages must be supported by evidence, but shall not be based on harm to nonparties. A pleading seeking a punitive damage award may be filed only after the court determines that the trier of fact could reasonably conclude that the standards for a punitive damage award, as provided in the act, have been met.

Currently, in jury trials involving a claim for punitive damages there is a bifurcated trial. In the first stage, the jury determines liability and amount of compensatory damages, including nominal damages, and liability of punitive damages. The amount of a punitive damage award is then determined by the jury in the second stage. Under this act, after the jury has determined liability and amount of compensatory damages, the court then shall determine whether punitive damages may be considered by the jury. After the court's determination, the jury then will determine whether to award punitive damages and the amount of such an award.

Currently, if the defendant has previously paid punitive damages in another state for the same conduct, following a hearing, the court may credit the jury award of punitive damages by the amount previously paid. This act provides that the defendant may also be credited for punitive damages paid in a federal court. Additionally, if the defendant is found not liable for the punitive damage claim, the court shall award attorney's fees and costs to the defendant.

These provisions shall not apply to claims for unlawful housing practices under the Missouri Human Rights Act.

These provisions are similar to provisions in SS/SB 65 (2019), SCS/HB 186 (2019), HB 489 (2019), SCS/SB 1102 (2018), and HCS/HB 2119 (2018).

PUNITIVE DAMAGES - MEDICAL MALPRACTICE (Sections 538.205 and 538.210)

This act modifies the definition of "punitive damages" as it relates to actions for damages against a health care provider for personal injury or death caused by the rendering of health care services.

In order to be awarded punitive damages, the jury must find by clear and convincing evidence that the health care provider intentionally caused damage or demonstrated malicious misconduct. Evidence of negligence, including indifference or conscious disregard for the safety of others, does not constitute a basis for a punitive damage award.

These provisions are identical to provisions in SS/SB 65 (2019) and SCS/HB 186 (2019) and are similar to provisions in HB 489 (2019), SCS/SB 1102 (2018), HCS/HB 2119 (2018), HCS/HB 2434 (2018), and HB 2273 (2018).

KATIE O'BRIEN