punitive damages claim in Rhode Island

2000In Palmisano v. Toth, 624 A.2d 314, 320-21 (R.I.1993), we held that a plaintiff seeking discovery before trial of a defendant's financial resources in connection with a punitive damages claim must first make a prima facie showing at a pretrial hearing that the case warrants punitive damages.

1998Under Palmisano, supra, the party requesting punitive damages must make a prima facie showing of her eligibility for such damages in order to defeat an opposing party's motion to strike the punitive damages claim.

2019The defendants suggest we reverse the hearing justice's ruling only if we hold that her findings of fact and ultimate decision to strike the punitive damages claim were clearly erroneous. " Palmisano established a procedure whereby a plaintiff must make a prima facie showing at an evidentiary hearing that a viable claim exists for an award of punitive damages before discovery of defendant's financial worth may be undertaken." Castellucci v. Battista , 847 A.2d 243 , 247 (R.I. 2004) (footnote omitted).

2019Our caselaw is clear that the trial justice determines, as a matter of law, "[w]hether a party seeking punitive damages has met the high standard imposed on such an award[.]" Palmisano , 624 A.2d at 318 ; see also Castellucci , 847 A.2d at 248 ; Simeone v. Charron , 762 A.2d 442 , 444 (R.I. 2000).

1999See Greater Providence Deposit Corporation v. Jenison , 485 A.2d 1242 , 1244 (R.I. 1984); see also Izen v. Winoker , 589 A.2d 824 , 829 (R.I. 1991) ("[t]he trial justice, in analyzing the evidence, concluded that although the failure to repair the system within a reasonable time could well constitute negligence, it did not amount to the necessary willfulness, malice, or criminality required by the punitive- damages standard.").

1999See Greater Providence Deposit Corporation v. Jenison , 485 A.2d 1242 , 1244 (R.I. 1984); see also Izen v. Winoker , 589 A.2d 824 , 829 (R.I. 1991) ("[t]he trial justice, in analyzing the evidence, concluded that although the failure to repair the system within a reasonable time could well constitute negligence, it did not amount to the necessary willfulness, malice, or criminality required by the punitive- damages standard.").

1999See Greater Providence Deposit Corporation v. Jenison , 485 A.2d 1242 , 1244 (R.I. 1984); see also Izen v. Winoker , 589 A.2d 824 , 829 (R.I. 1991) ("[t]he trial justice, in analyzing the evidence, concluded that although the failure to repair the system within a reasonable time could well constitute negligence, it did not amount to the necessary willfulness, malice, or criminality required by the punitive- damages standard.").

1999See Greater Providence Deposit Corporation v. Jenison , 485 A.2d 1242 , 1244 (R.I. 1984); see also Izen v. Winoker , 589 A.2d 824 , 829 (R.I. 1991) ("[t]he trial justice, in analyzing the evidence, concluded that although the failure to repair the system within a reasonable time could well constitute negligence, it did not amount to the necessary willfulness, malice, or criminality required by the punitive- damages standard.").