Indiana Code
Ind. Code § 34-51-3-5 (2025)
Reduction of excessive damage award
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 5. If a trier of fact awards punitive damages that exceed the limitation under section 4 of this chapter, the court shall reduce the punitive damage award to not more than the greater of:
(1) three (3) times the amount of compensatory damages awarded in the action; or
(2) fifty thousand dollars ($50,000).
[Pre-1998 Recodification Citation: 34-4-34-5.]
As added by P.L.1-1998, SEC.47.
Notes of Decisions
Cited in 5
cases, 2001–2013 · leading case: Owens Corning Fiberglass Corp. v. Cobb, 754 N.E.2d 905 (Ind. 2001).
Owens Corning Fiberglass Corp. v. Cobb, 754 N.E.2d 905 (Ind. 2001). “Code §§ 34-4-6 , 34-4-34-3, and 34-4-34-5 (1993), recodified in 1998 as Indiana Code §§ 34-51-3-5, 34-51-31-3, and 34-51-3-6, outlined in Indiana's Tort Claims Act and identified by Owens Corning in one of its motions to correct errors.”
Cheatham v. Pohle, 789 N.E.2d 467 (Ind. 2003). “Ind.Code §§ 34-51-3-5, -6. To facilitate these objectives, this scheme requires that the statutory cap and allocation be concealed from every jury considering a claim for punitive damages.”
Davidson v. Bailey, 826 N.E.2d 80 (Ind. Ct. App. 2005). “See Ind.Code Ann. § 34-51-3-5 (West, PREMISE through 2004 2nd Regular Sess.”
State of Indiana v. John Doe, 987 N.E.2d 1066 (Ind. 2013). “Ind.Code § 34-51-3-5 (2008). B. John Doe’s Lawsuit In April 2008, a jury awarded John Doe $150,000 in punitive damages as part of a judgment in his lawsuit against Father Jonathan Lovill Stewart for childhood sexual abuse.”
Owens Corning v. Cobb, No. 49S04-0001-CV-33 (Ind. Sept. 10, 2001). “[16] Recodified as Indiana Code 34-51-3-5 (1998).”
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