· 6/21/1985
Tuttle v. Raymond
Citations
- 494 A.2d 1353
- 58 A.L.R. 4th 859
- 1985 Me. LEXIS 744
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that for purposes of punitive damages, “ ‘implied’ or ‘legal’ malice will not be established by the defendant’s mere reckless disregard of the circumstances”
- providing that actual malice exists where the tortfeasor’s conduct “is motivated by ill will” toward another
- rejecting imposition of punitive damages for reckless conduct to avoid, in part, allowing “‘limitless imposition of punitive damages’”
- discussing and rejecting various arguments raised against the doctrine of punitive damages
- higher standard of proof given retroactive application where prior case law gave notice of intent to reexamine burden of proof
- “plaintiff may recover exemplary damages based upon tortious conduct only if he has proven by clear and convincing evidence that the defendant acted with malice”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKusick, Roberts, Violette, Wathen, Glassman, Scolnik
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.