§3.2 Liability for Punitive Damages

§3.2 Liability for Punitive Damages

The Case: Loope v. Goodings Million Dollar Midways, Inc. , 553 S.W. 2d 573 (Tenn. 1977).

The Basic Facts: Female Plaintiff received an electrical shock while attempting to board a midway ride at the Knox County Fair. Defendant appealed a jury verdict in favor of Plaintiff and her husband.

The Bottom Line:

• "[C]onduct by one charged only with ordinary care might amount to simple negligence, but when done by a person charged with a higher degree of care, such as a common carrier or a supplier of electricity, that same conduct could amount to gross negligence or to willful and wanton conduct justifying an award of punitive damages." 553 S.W. 2d at 575.

Other Sources of Note: The law of punitive damages is discussed in Chapter 64 of this book.

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