punitive damage claim in Rhode Island

2015We held that an evidentiary hearing would not be necessary in every case because “there may be factual situations demonstrated by affidavits submitted by the plaintiff that clearly demonstrate the viability of a punitive damage claim, thus obviating the need for a time-consuming evidentiary hearing.” Id. at 780 .

2005The Court also noted that “[a]n evidentiary hearing may not be necessary in every case.” Id. at 247 n. 4. “[T]here may be factual situations demonstrated by affidavits submitted by the plaintiff that clearly demonstrate the viability of a punitive damage claim, thus obviating the need for a time-consuming evidentiary hearing.” Id. (quoting Mark, 745 A.2d at 780 ).

2015Palmisano, 624 A.2d at 320 .

2003“The nature of punitive or exemplary damages is twofold: to punish the tortfeasor whose wrongful conduct was malicious or intentional and to deter him or her and others from similar extreme conduct.” Palmisano v. Toth, 624 A.2d 314, 317-18 (R.I.1993). “[T]he party seeking punitive damages has the burden of producing ‘evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished.’ ” Id. (quoting Sherman v. McDermott, 114 R.I. 107, 109 , 329 A.2d 195, 196

2003“The nature of punitive or exemplary damages is twofold: to punish the tortfeasor whose wrongful conduct was malicious or intentional and to deter him or her and others from similar extreme conduct.” Palmisano v. Toth, 624 A.2d 314, 317-18 (R.I.1993). “[T]he party seeking punitive damages has the burden of producing ‘evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished.’ ” Id. (quoting Sherman v. McDermott, 114 R.I. 107, 109 , 329 A.2d 195, 196

2003“The nature of punitive or exemplary damages is twofold: to punish the tortfeasor whose wrongful conduct was malicious or intentional and to deter him or her and others from similar extreme conduct.” Palmisano v. Toth, 624 A.2d 314, 317-18 (R.I.1993). “[T]he party seeking punitive damages has the burden of producing ‘evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished.’ ” Id. (quoting Sherman v. McDermott, 114 R.I. 107, 109 , 329 A.2d 195, 196