Killion v. Bank Midwest, N.A.

Our Supreme Court has recognized, perhaps without great enthusiasm, prima facie tort as a valid cause of action. It exists, yet goes largely unembraced and neglected as the black sheep of the tort family, many times with good reason. However, this particular case fits comfortably within the confines of prima facie tort and should be affirmed as to the judgment for actual damages. As discussed below, I believe the punitive damage award should be reversed.

Prima Facie Tort

The majority sets forth the four factors the Bullions need to establish to make a submissi-ble case: (1) an intentional…