Chapter 1d Punitive Damages

Chapter 1D – Punitive Damages

Punitive damages may be awarded, in an appropriate case and subject to the provisions of this Chapter, to punish a defendant for egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts. (1995, c. 514, s. 1.)

§ 1D-5.  Definitions

As used in this Chapter:

(1)        “Claimant” means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, seeking recovery of punitive damages. In a claim for relief in which a party seeks recovery of punitive damages related to injury to another person, damage to the property of another person, death of another person, or other harm to another person, “claimant” includes any party seeking recovery of punitive damages.

(2)        “Compensatory damages” includes nominal damages.

(3)        “Defendant” means a party, including a counter-defendant, cross-defendant, or third-party defendant, from whom a claimant seeks relief with respect to punitive damages.

(4)        “Fraud” does not include constructive fraud unless an element of intent is present.

(5)        “Malice” means a sense of personal ill will toward the claimant that activated or incited the defendant to perform the act or undertake the conduct that resulted in harm to the claimant.

(6)        “Punitive damages” means extra compensatory damages awarded for the purposes set forth in G.S. 1D-1.

(7)        “Willful or wanton conduct” means the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damage, or other harm. “Willful or wanton conduct” means more than gross negligence. (1995, c. 514, s. 1.)

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§ 1D-10.  Scope of the Chapter

This Chapter applies to every claim for punitive damages, regardless of whether the claim for relief is based on a statutory or a common-law right of action or based in equity. In an action subject to this Chapter, in whole or in part, the provisions of this Chapter prevail over any other law to the contrary. (1995, c. 514, s. 1.)

§ 1D-15.  Standards for Recovery of Punitive Damages

(a)        Punitive damages may be awarded only if the claimant proves that the defendant is liable for compensatory damages and that one of the following aggravating factors was present and was related to the injury for which compensatory damages were awarded:

(1)        Fraud.

(2)        Malice.

(3)        Willful or wanton conduct.

(b)        The claimant must prove the existence of an aggravating factor by clear and convincing evidence.

(c)        Punitive damages shall not be awarded against a person solely on the basis of vicarious liability for the acts or omissions of another.  Punitive damages may be awarded against a person only if that person participated in the conduct constituting the aggravating factor giving rise to the punitive damages, or if, in the case of a corporation, the officers, directors, or managers of the corporation participated in or condoned the conduct constituting the aggravating factor giving rise to punitive damages.

(d)       Punitive damages shall not be awarded against a person solely for breach of contract. (1995, c. 514, s. 1.)

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    § 1D-20.  Election of Extra Compensatory Remedies

    A claimant must elect, prior to judgment, between punitive damages and any other remedy pursuant to another statute that provides for multiple damages. (1995, c. 514, s. 1.)

    § 1D-25.  Limitation of Amount of Recovery

    (a)        In all actions seeking an award of punitive damages, the trier of fact shall determine the amount of punitive damages separately from the amount of compensation for all other damages.

    (b)        Punitive damages awarded against a defendant shall not exceed three times the amount of compensatory damages or two hundred fifty thousand dollars ($250,000), whichever is greater.  If a trier of fact returns a verdict for punitive damages in excess of the maximum amount specified under this subsection, the trial court shall reduce the award and enter judgment for punitive damages in the maximum amount.

    (c)        The provisions of subsection (b) of this section shall not be made known to the trier of fact through any means, including voir dire, the introduction into evidence, argument, or instructions to the jury. (1995, c. 514, s. 1.)

    § 1D-26.  Driving While Impaired; Exemption from Cap

    G.S. 1D-25(b) shall not apply to a claim for punitive damages for injury or harm arising from a defendant’s operation of a motor vehicle if the actions of the defendant in operating the motor vehicle would give rise to an offense of driving while impaired under G.S. 20-138.1, 20-138.2, or 20-138.5. (1995, c. 514, s. 1.)

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