September 26, 2013

Court of Appeal reverses $225,000 punitive damages award due to insufficient evidence of the defendant's financial condition (Kennedy v. Sadafi)

Here is yet another unpublished opinion vacating a punitive damages award because the plaintiff failed to meet her burden of presenting meaningful evidence of the defendant's financial condition. 

The plaintiff here introduced evidence of the defendant's income, and partial evidence of her assets, but no evidence of her liabilities.  Thus, the jury had no way to determine her net worth.  Accordingly, the Court of Appeal (Second District, Division Four) reverses the award with directions to enter judgment for the defendant on the issue of punitive damages.