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When are punitive damages awarded?
If the jury finds that the plaintiff suffered damage as a result of the conduct of the defendant, the jury may then consider whether it should award punitive damages against the defendant for the sake of example and by way of punishment. The jury may, in its discretion, award such damages if the jury finds by clear and convincing evidence that said defendant was guilty of either oppression, fraud, or malice.
Would one say, that this scenario should receive punitive damages?
This evidence shows that the defendants have committed oppression in this questionable behaviour.
A convenient local authority, Health and Safety decision to overlook, 8 washing machines stacked on one pallet, and was overlapping by twenty percent at the back, stored where the general public with their children shop, worst of all kept at a height of 30 ft. and only held together with insufficient cling film. Four washing machines at the back fell, two of which fell on the shelving behind, the upper two fell from the height of 30 ft. hitting a passer-by, injuring their head and fracturing there vertebrae.
There may be a reason for discretion, but brings into question the motive for a responsible body who have a responsibility towards the public health and safety?
And malice, on behalf of Costcos insurers, in not submitting cost, for lost of
Income, and any private medical and domestic care.
A sum of £5.000 received on the 9.12.03 eight months after the accident. Mary only received a net weekly payment of £62.98 a week from the London Borough of Enfield. All her Daily Help, cash in hand work ceased.
Colin Berry is self employed and has not done any full time work for over two years after the accident due to stress and high blood pressure brought on by the accident, prior to the accident Colin Berry had not been out of work or seen a doctor for over thirty years.
The only regular money that was coming in a week was £ 62.98 of Marys income from the London Borough of Enfield, which was paid into Marys account.
Mean while Colin Berry has all his, and Marys, overhead cost to cover,
A daily parking fee, of £16.00 at the Royal London hospital, White Chapel.
Followed by regular visits to St. Bartholomews Hospital in the city.
A tremendous amount of mental and physical stress followed up with a financial burden.
Apart from the £5.000 we haven't received an additional penny for over two years later.
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