In this episode, CaseyGerry attorney Eric Ganci discusses how the law determines if punitive damages are excessive.
If a person has acted negligently or improperly and has harmed someone else as a result, California law sometimes allows the plaintiff to seek punitive damages in addition to compensation. Delving into the recent 2022 case, Doe v. Lee, Ganci explores when a verdict for punitive damages is excessive in the eyes of the law. The law provides three factors to determine if a verdict is excessive:
- The reprehensibility of the defendant's action.
- The harm suffered by the plaintiff in correlation to the punitive damages sought.
The wealth of the defendant. Doe v. Lee (2022) 79 Cal.App.5th 612
Simonyan v. Nationwide (2022) 78 Cal.App.5th 889
Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 573
California Code of Civil Procedure 2860
California Rules of Professional Conduct Rule 1.7(b), Comment 4
Learn more about Eric Ganci
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