A bill that would impose stricter standards for the application of punitive damages was swiftly advanced by the Missouri Senate late last month. Senate Bill 591 would establish new procedural and substantive restrictions on punitive damages. Currently, to recover punitive damages in Missouri, a plaintiff must show by clear and convincing evidence that the defendant acted with either “indifference to or conscious disregard for the safety of others.” Schroeder v. Lester Cox Medical Center, Inc., 833 S.W.2d 411, 413 (Mo. Ct. App. 1992). Senate Bill 591, would increase the plaintiff’s burden of proof and require a plaintiff to prove that the defendant either “intentionally harmed the plaintiff without just cause” or acted with “deliberate and flagrant disregard for the safety of others.”

In addition to increasing the plaintiff’s burden of proof, the Bill also changes the procedure for prosecuting punitive damages claims. Under current Missouri law, a plaintiff may seek punitive damages in his/her initial pleading. Senate Bill 591 would prohibit a plaintiff from including a claim for punitive damages in his/her initial pleading, and require that the plaintiff first seek leave of court to assert a claim for punitive damages. The court shall grant leave only if it concludes that based on the evidence to be admitted at trial, the trier of fact could “reasonably conclude, based on clear and convincing evidence, that the standards for a punitive damages award … have been met.”

According to Senate Majority Leader and Columbia Republican, Caleb Rowden, “the punitive damages legislation is the top priority for Republicans among various proposals targeting liability lawsuits.” The Bill’s sponsor, Republican Bill White stated, “the Bill is intended to prevent punitive damage claims from being used as leverage to get bigger settlements from businesses in cases that might involve negligence but not intentionally malicious actions.”