Cockerham-Ellerbee v. Town of Jonesville

WYNN, Judge.

To make out a claim for punitive damages, a plaintiff must prove by clear and convincing evidence that the defendant is liable for compensatory damages and that the conduct causing the plaintiff’s injury was accompanied by fraud, malice, or willful or wanton conduct, defined as “the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damage, or other harm.” 1 Here, because we find that the plaintiff has forecast evidence sufficient to show that a genuine issue…