Bowen v. Tucker

By Judge Ford C. Quillen

The defendant has moved to dismiss this case on two counts: (1) The plaintiffs allegations do not support a claim for punitive damages; and (2) the plaintiff has requested punitive damages in excess of the statutory limit.

In deciding upon a demurrer, the Court looks solely at the plaintiffs allegations in the motion for judgment to determine whether there is a stated cause of action. The facts admitted as true are (1) those expressly alleged, (2) those which are by fair intendment impliedly alleged, and (3) those which may be fairly and justly inferred from the facts…