Section 201 – Basis for punitive damages awards — Section inapplicable to DUI cases or providing illegal controlled substances — Division of award with state.

78B-8-201. Basis for punitive damages awards — Section inapplicable to DUI cases or providing illegal controlled substances — Division of award with state. (1) (a) Except as otherwise provided by statute, punitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the […]

Section 202 – Punitive damages — Notification procedure.

78B-8-202. Punitive damages — Notification procedure. (1) Whenever it appears from a return of a jury verdict in any court jury trial or from entry of a finding or order in any court bench trial, that punitive damages have been awarded to the plaintiff in a court action, the clerk of the court shall immediately […]

Section 203 – Drug exception.

78B-8-203. Drug exception. (1) Punitive damages may not be awarded if a drug causing the claimant’s harm: (a) received premarket approval or licensure by the Federal Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq. or the Public Health Service Act, 42 U.S.C. Section 201 et […]