Rubeck v. Huffman

The main issue raised herein is whether the trial court erred when it granted, and the Court of Appeals erred when it upheld, an award of punitive damages in the instant cause.

Although the Court of Appeals ruled that punitive damages are not available in wrongful death actions, it affirmed the trial court’s award of those damages by finding that, in the instant cause, a survival cause of action had been alleged and evidence sufficient to support “at least nominal damages for pain and suffering” had been introduced at the trial. The appellate court held that “the action which accrued to Clair…