The following section from Day on Torts Leading Cases in Tennessee Tort Law​​​ is out of date and should not be used. It remains a part of this site for historical purposes only. An updated version of the book is available by subscription at www.birddoglaw.com. (Additional information below.)

§32.5 Punitive Damages Not Permitted in Cases Where Defendant Is Grossly Negligent

The Case: Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992).

The Basic Facts: Plaintiff, fired because he participated in jury duty, sued his employer for wrongful termination of employment. He obtained an award of compensatory and punitive damages.

The Bottom Line:

  • "As stated earlier, Tennessee presently allows punitive damages in cases involving fraud, malice, gross negligence, oppression, evil motives, conscious indifference, and reckless conduct implying 'disregard 901 of social obligations.' See Inland Container, 529 S.W.2d at 45. Whatever this may have once meant, by contemporary standards it is both vague ('social obligations') and overbroad ('gross negligence'). We agree with those States that have refined their laws to restrict the awarding of punitive damages to cases involving only the most egregious of wrongs.Cf. Linthicum v. Nationwide Life Ins. Co., 150 Ariz. 326, 723 P.2d 675, 680 (1986) (conscious action of a reprehensible character); Tuttle v. Raymond, 494 A.2d 1353, 1361 (Me. 1985) ('malicious' commission of a tort). By thus restricting the availability of punitive damages, we seek to avoid 'dull[ing] the potentially keen edge of the doctrine as an effective deterrent of truly reprehensible conduct.' Tuttle, 494 A.2d at 1361. In Tennessee, therefore, a court may henceforth award punitive damages only if it finds a defendant has acted either (1) intentionally, (2) fraudulently, (3) maliciously, or (4) recklessly. " 833 S.W.2d at 900-01 (emphasis added).

    After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

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    The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

    The book is now available electronically by subscription at www.birddoglaw.com. The new format allows us to keep the book current as new opinions are released. BirdDog Law also has John's Tennessee Law of Civil Trial and Compendium of Tennessee Tort Reform Statutes available by subscription, as well as multiple free resources to help Tennessee lawyers serve their clients

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