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Home / Courts / Tort/Negligence – Premises Liability – Punitive Damages – Statutory Cap – Unpled Affirmative Defense – Waiver – First Impression (access required)

Tort/Negligence – Premises Liability – Punitive Damages – Statutory Cap – Unpled Affirmative Defense – Waiver – First Impression (access required)

Because defendant did not assert the statutory cap on punitive damages as an affirmative defense, defendant waived the statutory cap. We affirm the circuit court’s denial of defendant Target Corp.’s motion for judgment notwithstanding the verdict as to liability. We reverse the circuit court’s setting aside of the punitive damages award. We reverse the circuit court’s ...

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