64. Which cause of action would NOT permit the friend to recover punitive damages?

Once the judge or jury determines whether a defendant's conduct was intentional or negligent, assuming it is one or the other, the determination of damages available can be made. An intentional tort victim may recover punitive damages if the defendant's conduct was outrageous or malicious. Such damages may be very substantial and may even be awarded when little to no compensatory damages were awarded. In ordinary negligence cases, punitive damages are not recoverable. There are situations where punitive damages may be recoverable in negligence cases if the defendant's conduct was shown to be wanton and willful, reckless, or malicious.

C is correct. Punitive damages are generally not available in negligence causes of action. Generally, punitive damages are only recoverable in intentional tort cases if the defendant's conduct was outrageous or malicious. However, a plaintiff may recover punitive damages in negligence cases if there is a showing that the defendant's conduct was wanton and willful, reckless, or malicious. Here, no such additional showing has been made, Thus, of the offenses listed, negligence is the only cause of action that does not allow punitive damages.

A is incorrect. Assault is an intentional tort. Punitive damages are typically allowed for intentional torts where the defendant acted outrageously or maliciously.

B is incorrect. Battery is also an intentional tort. Punitive damages are typically allowed for intentional torts where the defendant acted outrageously or maliciously.

D is incorrect. A showing of reckless conduct may be sufficient to award punitive damages, given that it shows the defendant's actions went beyond mere negligence. As explained above, reckless conduct may be established in negligence cases to award punitive damages in certain circumstances.