Kevin L. Austin


In Missouri, punitive damages are awarded for the purpose of inflicting punishment for wrongdoing, and are intended to serve as an example and deterrent to similar conduct. They are distinguished from actual damages, which are awarded to compensate for actual injuries or loss sustained. While prevalent in intentional torts because of malice, Missouri also allows, under certain circumstances, punitive damages to be awarded in negligence cases.' The issue then becomes identification of those certain circumstances. This Note will examine the reasoning and the specific fact situations which have supported punitive damages in negligence cases and then compare the decision in Haynam to this case law.

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