-
(a) Except as provided in subsection (b) of this section, a punitive damages award for each plaintiff shall not be more than the greater of the following:
-
(1) Two hundred fifty thousand dollars ($250,000); or
-
(2) Three (3) times the amount of compensatory damages awarded in the action, not to exceed one million dollars ($1,000,000).
-
-
(b) Subsection (a) of this section shall not apply when the finder of fact:
-
(1) Determines by clear and convincing evidence that, at the time of the injury, the defendant intentionally pursued a course of conduct for the purpose of causing injury or damage; and
-
(2) Determines that the defendant’s conduct did, in fact, harm the plaintiff.
-
-
(c) As to the punitive damages limitations established in subsection (a) of this section, the fixed sums of two hundred fifty thousand dollars ($250,000) set forth in subdivision (a)(1) of this section and one million dollars ($1,000,000) set forth in subdivision (a)(2) of this section shall be adjusted as of January 1, 2006, and at three-year intervals thereafter, in accordance with the Consumer Price Index rate for the previous year as determined by the Administrative Office of the Courts.
