Limitations on Punitives
A court first find that a claimant is entitled to compensatory damages before proceeding to any claim for punitive damages. In reaching its decision the Supreme Court said “Our common law approach to the substantive review of a punitive damages claim is well settled. Moreover, Mississippi law does not favor punitive damages awards, as they are considered an extraordinary remedy and are allowed only within narrow limits. (Citation omitted.) An award of punitive damages acts to punish the wrongdoer and is to set an example, thereby discouraging others from similar behavior. (Citations omitted.) As such, punitive damages are allowed only with caution and within narrow limits.”
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