Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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With respect to punitive damages, this Court has stated that “the question of whether punitive damages are appropriate in a given case is a question of law to be decided by the court, * * * [and] once a court determines that such damages may appropriately be awarded, ‘such an award is discretionary with the finder of fact.’ ” Callaghan v. Rhode Island Occupational Information Coordinating Committee/Industry Educational Council of Labor, 704 A.2d 740, 745 (R.I.1997) (quoting Morin v. Aetna Casualty and Surety Co., 478 A.2d 964, 967 (R.I.1984)). Punitive damages are awarded when there is “ ‘evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, that * * * ought to be punished.’ ” Allen v. Simmons, 533 A.2d 541, 543 (R.I.1987) (quoting Morin, 478 A.2d at 967). Although the Superior Court justice’s finding stated that Krzak’s conduct in this case rose to the level that warranted punitive damages, her award of $2000 for punitive damages was predicated on Strashnick’s claim of malicious prosecution. Because we hold that the claim of malicious prosecution failed in the absence of a special injury to Strashnick, we vacate the punitive damage award as well.

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