Keller Industries, Inc. v. Kennedy

We grant this petition for writ of certiora-ri. Petitioner filed a motion to dismiss counts I, III and IV of respondent’s amended complaint. Count IV alleged intentional torts and sought leave to claim punitive damages. The trial court granted petitioner’s motion to dismiss as to counts I and IV with leave for respondent to seek punitive damages in a second amended complaint. The trial court had not, however, conducted an evidentiary hearing on respondent’s entitlement to such damages.

This court has consistently held that a claim for punitive damages may not be as*329serted without a trial court…