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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 510

previous next Effective - 28 Aug 2005bottom

  510.265.  Limitations on punitive damages in certain cases. — 1.  No award of punitive damages against any defendant shall exceed the greater of:

  (1)  Five hundred thousand dollars; or

  (2)  Five times the net amount of the judgment awarded to the plaintiff against the defendant.  

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Such limitations shall not apply if the state of Missouri is the plaintiff requesting the award of punitive damages, or the defendant pleads guilty to or is convicted of a felony arising out of the acts or omissions pled by the plaintiff.

  2.  The provisions of this section shall not apply to civil actions brought under section 213.111 that allege a violation of section 213.040, 213.045, 213.050, or 213.070, to the extent that the alleged violation of section 213.070 relates to or involves a violation of section 213.040, 213.045, or 213.050, or subdivision (3) of subsection 1* of section 213.070 as it relates to housing.

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(L. 2005 H.B. 393)

*Section 213.070 was amended by S.B. 43, 2017.  Due to the addition of subsections in that section, the words "of subsection 1" have been added here.

CROSS REFERENCE:

Applicability of statute changes to cases filed after August 28, 2005, 538.305

(2014) Section's cap on punitive damage awards is unconstitutional under Article I, Section 22 (a) of Missouri Constitution; right to a jury trial in 1820 included right to have a jury determine amount of punitive damages in an action for fraud.  Lewellen v. Franklin, 441 S.W.3d 136 (Mo.banc).


---- end of effective   28 Aug 2005 ----

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