Behrens v. Raleigh Hills Hospital, Inc.

STEWART, Justice:

The issue on this appeal is whether punitive damages may be awarded in a wrongful death action. The case is here on an interlocutory appeal from the trial court’s refusal to permit the plaintiff to amend its complaint to seek punitive damages.

I. THE FACTS

Plaintiff’s decedent, Robert Alan Beh-rens, was admitted to the defendant Raleigh Hills Hospital to undergo treatment for alcohol abuse. On the third day of his stay, a hospital employee allowed decedent to use a razor to shave. Instead, decedent used the razor to slash his wrists; he died four days later.

Decedent’s wife,…