Furthermore, there is no indication that the court attempted to "bootstrap" an improper standard for punitive damages. § 2-604.1. The First District Illinois Appellate Court affirmed the verdict. What are Punitive Damages. Several states have attempted to cap punitive damages. In Franz v. Calaco Development Corp., 352 Ill. App. 5-05-0723 affirmed a jury verdict for $43 million, including $15 million in punitive damages.The plaintiffs, in 1993 Lincoln Town Car, were rear-ended in dead center of car, at about 60 mph; fuel tank was crushed, and pipe wrench in trunk pierced fuel tank and caught fire immediately; both were severely burned and one Plaintiff died. Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. If you are engaged in a case in Schaumburg, Illinois that you believe might entitle you to punitive damages, a lot of money could be at stake. Part Two of the policy, Employers Liability Coverage, excludes punitive or exemplary damages because of bodily injury to an employee employed in violation of the law. On the actual vs. punitive damage issue, the court noted that the punitives awarded ($750K) were about double the amount of the compensatory damages ($382K). In general, punitive damages are issued by a court when the defendant commits a wrong that is so outrageous that it requires more than the typical fine associated with that wrongdoing. Note: While Supreme Court Rule 239(a) prescribes the use of Illinois Pattern Jury Instructions, an instruction is approved or rejected only after it has been judicially questioned and considered. In this Article, Mr. McKillip considers the development of the doctrine in Illinois and its application in specific areas of tort law. You may not be able to recover punitive damages in an Illinois wrongful death case, but there are still other important reasons to pursue a legal recovery. 1970-75. As such, punitive damages are a means of securing an award beyond plaintiffs’ compensatory losses. They have passed laws with rules for determining such damages or put strict limits on the damages. Illinois limits punitive damages (in most cases) to three times the amount awarded for economic damages for underlying claim. Punitive damages in contract law are monetary damages awarded to a plaintiff to punish the defendant and prevent him from engaging in the same conduct at any point in the future. SUPREME COURT SETS A TOUGHER STANDARD FOR REVIEWING PUNITIVE DAMAGE AWARDS IN PRODUCTS LIABILITY CASES Courts award punitive damages in products liability cases to punish the defendant's conduct and deter the defendant and others from engaging in similar conduct.1 In Illinois, the trial judge ini-* 563 N.E.2d 397 (IM. Punitive damages have been awarded against trucking companies' where a company was aware of a driver's dangerous habits but failed to adequately supervise the driver's conduct. to the standard of proof needed to recover punitive damages under Section 1983 claims: the preponderance of the evidence standard or the clear and convincing evidence standard. The Illinois Supreme Court has held that the only way punitive damages can be sought after the death of the victim is if a specific statute expressly allows for the recovery of such damages. Following it’s holding in Loitz v. Remington Arms Co., 138 Ill. 2d 404 (1990), The Illinois Supreme Court clarified the standard for punitive damages in Burke v. 12 Rothschild’s Liquor Mart, Inc, holding that “Ordinarily, punitive damages may be awarded when the defendant has acted willfully or with wanton disregard for the rights of others. 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