Estate of Despain v. Avante Group, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying punitive damages statute in effect when cause of action arose, rather than when trial occurred
• applying punitive damages statute in effect when cause of action arose, rather than when trial occurred
• \stress[ing]\ in determining right to plead a claim for punitive damages that \[w]hether [the claimant] will be able to prove entitlement to an award will depend on the jury's view of the evidence submitted\
• “To merit an award of punitive damages, the defendant’s conduct must transcend the level of ordinary negligence and enter the realm of willful and wanton misconduct.”
• “To merit an award of punitive damages, the defendant’s conduct must transcend the level of ordinary negligence and enter the realm of willful and wanton misconduct.”

Source: CourtListener parenthetical corpus (CC0).