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  • Punitive Damages Are Used To Secure Good Behavior

  • Punitive Damages Are Used To Secure Good Behavior

    Allen v. Anderson, 93 Nev. 204, 207-208 (Nev. 1977):

    [I]t is commonly held that punitive damage claims survive the aggrieved party's death, as against a living tortfeasor. See, for example: Worrie v. Boze, 96 S.E.2d 799 (Va. 1957); Swartz v. Rosenkrans, 240 P. 333 (Colo. 1925); Wagner v. Gibbs, 31 So. 434 (Miss. 1902). Such tortfeasors, of course, remain susceptible to punishment. As one court has said, in distinguishing a situation involving a deceased injured party from precedents denying punitive damages where the tortfeasors were dead: "[T]he reason for the difference is perfectly manifest. Punitory damages are inflicted for the purpose of deterring a culprit in the future, and the imposition of them for such purpose is impossible in the case of a person deceased. But where the trespasser is still alive, as in the case at bar, there is no reason whatever why he should be exonerated because of the death of the one upon whom he has committed a trespass; for the punishment is imposed not to deter him from repeating his trespass as against the particular party assailed or injured, but to secure his general good behavior." Id. at 435.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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