Augustine v. Hinnen

In my opinion the evidence presented by the record in the instant case is sufficient to warrant a verdict for punitive damages, and I must respectfully dissent from this portion of the court’s opinion.

The law does not require a specific finding of an intentional and ruthless desire to injure in order to sustain an award of punitive damages. The burden of proof is sustained, once the injured party shows such gross neglect of duty by the wrongdoer as to evince reckless indifferences of the rights of others. (Watkins v. Layton, 182 Kan. 702, 324 P. 2d 130.)

The fact that the act on which an…