U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Selected Findings Civil Justice Survey of State Courts, 2001 Punitive Damage Awards in Large Counties, 2001 March 2005, NCJ 208445 ---------------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/pdalc01.htm ---------------------------------------------------------------- By Thomas H. Cohen, J.D., Ph.D. BJS Statistician Introduction Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence. Punitive damages typically involve awards over and above the compensatory damage award. In such cases, unlike other forms of damage relief afforded to plaintiffs, punitive damages serve as a means for "punishing the defendant" and "deterring others" from committing actions similar to the defendant's conduct (Black's Law Dictionary, Prosser & Keeton Torts, 5th Edition, 1984). This report focuses on general civil (tort, contract, and real property) bench and jury trials that produced a punitive damage award in the Nation's 75 most populous counties in 2001. Types of civil cases receiving punitive damages * In 2001, 6%, or 356, of the 6,504 civil trials with plaintiff winners in State courts in the Nation's 75 largest counties resulted in punitive damage awards. * The types of tort cases in which plaintiff winners were most likely to receive punitive damages included slander/libel (58%), intentional torts (36%), and false arrest/imprisonment(26%)cases. * Contract cases with the highest percentage of plaintiff winners awarded punitive damages included partnership disputes (22%), employment discrimination (18%), and fraud (17%)cases. Punitive damage award amounts * Plaintiff winners received $50,000 or more in punitive damages in half of the estimated 356 civil trials concluded in 2001 with punitive damage awards. * 41 trials, or 12%, of the 356 civil trials with punitive damages, had punitive damage awards that equaled or surpassed $1 million. In 9 of these 356 civil trials, the punitive awards totaled $10 million or more. * The median award for the 138 contract trials with punitive damages was $83,000; in comparison, the 217 tort trials with punitive damages garnered median damages of $25,000. Comparing compensatory to punitive damages * Punitive damages exceeded compensatory awards in 39% of the 356 civil trials with punitive damages. * Punitive awards exceeded compensatory awards in 40% of the 217 tort trials and in 38% of the 138 contract trials in which a plaintiff received punitive damages. * Punitive damages were more than 4 times greater than the compensatory awards in 17 intentional tort trials,10 slander/libel trials, and 7 automobile trials. Each of these tort case types had median compensatory awards that were under $40,000. Punitive damages in jury and bench trials * Plaintiffs who prevailed in civil trials concluded in 2001 received punitive damages in 6% of jury trials and 4% of bench trials. * The median punitive damage awards for plaintiff winners did not differ significantly between civil jury ($50,000) and bench ($46,000) trials. * Of the 260 jury trials in which a plaintiff winner was awarded punitive damages, 14% resulted in a punitive award verdict of $1 million or more. Punitive damages of $1 million or more were awarded in 2% of the 79 bench trials with punitive damages. Litigant pairings in punitive damage cases * The two most common types of litigant pairings in civil trials with punitive awards involved individuals suing either other individuals (44%) or businesses (30%). * In over 80% of the 217 tort trials in which plaintiffs won punitive damages, the plaintiffs were individuals suing other individuals (59%) or businesses (26%). * In nearly a third of the 138 contract trials in which plaintiff winners were awarded punitive damages, the plaintiffs were businesses who had either successfully sued other businesses (19%) or individuals (13%). Post trial activity in civil trials with punitive damages * Plaintiffs filed motions for post trial relief in 11% of civil trials in which punitive damages were awarded, while defendants requested post trial relief in 40% of civil trials with punitive damages. * Motions for new trials or award modifications were the most common types of post trial relief sought by plaintiff winners receiving punitive damages. * Among cases in which the defendant sought post trial relief in light of a punitive damage award, a new trial was the most common form of relief sought. * The courts granted relief in 47% of the 36 civil trials where plaintiffs sought to have their damage award increased or modified in some way. * Post trial relief was granted to about 28% of the 138 defendants who sought to modify a trial with a punitive damage award. In nearly half of these trials (49%), the relief granted was in the form of an award modification. Notice of appeals in civil trials with punitive damages * Plaintiffs filed a notice of appeal to an intermediate appellate court or State court of last resort in 7%, or 26, of the 354 civil trials in which they won punitive damages. * Defendants filed a notice of appeal in nearly a third (30%) of the 354 civil trials where the prevailing plaintiff was awarded punitive damages. Defendants appealed 22% of tort trials and 41% of contract trials that had a plaintiff winner receiving punitive damages. Trends in punitive damage awards in civil jury trials, 1992-2001 * The percentage of general civil jury trials with plaintiff winners in the Nation's 75 largest counties that produced a punitive damage award was the same in 1992 (6%) and 2001 (6%). * Plaintiff winners garnered punitive damage awards at similar rates in tort jury trials during the 1992 (4%) and 2001 (5%)study periods. In contract jury trials, the percentage of plaintiff winners who received a punitive damage award has declined slightly from 13% in 1992 to 10% in 2001. * The median punitive damage awards in civil jury trials was $63,000 in 1992 and $50,000 in 2001. * The percentages of plaintiff winners in civil jury trials awarded punitive damages of $1 million or more in 1992 (12%) and 2001 (14%) were not significantly different. * In 1992 punitive awards exceeded compensatory awards in 43% of the 364 civil jury trials in which a plaintiff winner was awarded punitive damages. In 2001 punitive awards were greater than compensatory awards in 41% of the 260 civil jury trials with punitive damages. End of file 03/23/05 ih