Effective - 28 Aug 2020, 2 histories
510.265. Limitations on punitive damages in certain cases. — 1. No award of punitive damages against any defendant shall exceed the greater of:
(1) Five hundred thousand dollars; or
(2) Five times the net amount of the judgment awarded to the plaintiff against the defendant.
Such limitations shall not apply if the state of Missouri is the plaintiff requesting the award of punitive damages, or the defendant pleads guilty to or is convicted of a felony arising out of the acts or omissions pled by the plaintiff.
2. The provisions of this section and sections 510.261 and 510.263 shall not apply to civil actions brought under section 213.111 that allege a violation of section 213.040, 213.045, 213.050, or 213.070, to the extent that the alleged violation of section 213.070 relates to or involves a violation of section 213.040, 213.045, or 213.050, or subdivision (3) of subsection 1 of section 213.070 as it relates to housing.
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(L. 2005 H.B. 393, A.L. 2020 S.B. 591)
CROSS REFERENCE:
Applicability of statute changes for cases filed after August 28, 2005, 538.305; for cases filed after August 28, 2020, 510.262
(2014) Section's cap on punitive damage awards is unconstitutional under Article I, Section 22 (a) of Missouri Constitution; right to a jury trial in 1820 included right to have a jury determine amount of punitive damages in an action for fraud. Lewellen v. Franklin, 441 S.W.3d 136 (Mo.banc).
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Chapter 510 - Trials and Proceedings Before and After Trial
Section 510.010 - Court may direct attorneys to appear before it for conference.
Section 510.020 - Interrogatories to parties.
Section 510.040 - Court may order physical and mental examinations.
Section 510.050 - Request for admission of genuineness of relevant documents.
Section 510.060 - Motion for order compelling answer to interrogatory.
Section 510.070 - Cases shall be placed on docket, when.
Section 510.080 - Court may continue an action to a fixed day.
Section 510.090 - Application for continuance, how made.
Section 510.100 - Applications for a continuance on account of absence of witnesses shall show what.
Section 510.110 - Amendment of affidavit — overruled, when.
Section 510.125 - Grievance resolution system for offenders, civil actions stayed, when.
Section 510.130 - Voluntary dismissal — new trial.
Section 510.140 - Defendant may move for dismissal of an action — effect of motion.
Section 510.150 - Effect of dismissals, with and without prejudice.
Section 510.170 - Dismissal of plaintiff's action not to affect counterclaim or cross-claim.
Section 510.180 - Consolidation of actions — separate trials of issues.
Section 510.190 - Right of trial by jury — waiver.
Section 510.200 - All trials upon the merits shall be conducted in open court.
Section 510.210 - Formal exceptions unnecessary — objections.
Section 510.220 - Verdict, general or special.
Section 510.230 - General verdict, when rendered.
Section 510.240 - Court may direct issues to be made, when.
Section 510.250 - Issues to be made only as directed by court.
Section 510.260 - Issues, how tried and disposed of.
Section 510.262 - Applicability of certain statute changes for cases filed after August 28, 2020.
Section 510.265 - Limitations on punitive damages in certain cases.
Section 510.270 - Jury shall assess amount of money of recovery, when.
Section 510.280 - Motion for directed verdict.
Section 510.300 - Instructions.
Section 510.310 - Procedure in cases tried upon facts without a jury.
Section 510.320 - Trial or proceeding shall not be terminated by expiration of term.
Section 510.330 - Granting of new trial.
Section 510.350 - Motion for new trial when based upon affidavits.
Section 510.360 - When motion for new trial deemed denied.
Section 510.370 - Court may order a new trial, when.
Section 510.390 - Death or other disability of judge — power of substitute.