· 10/22/1985
Atkin Wright & Miles v. Mountain States Telephone & Telegraph Co.
Citations
- 709 P.2d 330
- 1985 Utah LEXIS 968
- 1985 WL 1083575
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that if evidence “give[s] rise to a reasonable probability that the plaintiff suffered damage as result of a breach[,] ... [t]he amount of damages may be based upon approximations”
- “The amount of damages may be based upon approximations . . . [if] the approximations are based upon reasonable assumptions or projections.”
- \Willful misconduct goes beyond gross negligence in that a defendant must be aware that his conduct will probably result in injury.\
- “Proof of loss of gross income only is an insufficient foundation for proof of amount of damages.”
- “Before punitive damages can be awarded, the plaintiff must prove conduct that is willful and malicious or that manifests a knowing and reckless indifference and disregard towards the rights of others.”
- dictum defining “willful misconduct” as one step beyond “gross negligence,” which is defined as “reckless indifference,” in that “a defendant must be aware that his conduct will probably result in injury”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stewart, Hall, Howe, Durham, Zimmerman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.