Section 8 Common-Law Requirements

Aside from the First Amendment constitutional limitations discussed in §12.9 below, Missouri’s general common-law standards for punitive damages should be considered. In 1989, the Supreme Court of Missouri clarified the common-law standard for awarding punitive damages. In Burnett v. Griffith, 769 S.W.2d 780, 789 (Mo. banc 1989), an assault and battery case, the Court found that “MAI 10.01 and MAI 16.01 do not clearly articulate the circumstances justifying punitive damages in a case of intentional tort, and hereafter are not to be used.” The Court then held that “[p]unitive damages may be awarded for conduct that is outrageous, because of the defendant’s evil motive or reckless indifference to the rights of others.” Id. (quoting Restatement (Second) of Torts §...