Opinion

Hanch v. K. F. C. National Management Corp.

  • 615 S.W.2d 28
  • 108 L.R.R.M. (BNA) 2292
  • 24 A.L.R. 4th 1100
  • 1981 Mo. LEXIS 303
Court
Supreme Court of Missouri
Filed
Apr 6, 1981
Status
Published
Author
Donnelly
On the bench
Morgan, Bardgett, Seiler, Higgins, Donnelly, Rendlen, Welliver
Cited by
37 cases

because the appellant claimed "an infringement upon the jealously protected right of free speech," the Supreme Court considered his constitutional challenges under the plain error rule despite the fact that they were raised for the first time on appeal

How later courts described this case

  • because the appellant claimed "an infringement upon the jealously protected right of free speech," the Supreme Court considered his constitutional challenges under the plain error rule despite the fact that they were raised for the first time on appeal
  • upholding remittitur to $9,999 punitive damage award

Written by the judges who cited it.

The opinion

DONNELLY, Judge,

dissenting.

In my view, punitive damages may not be recovered by a former employee under the authority of § 290.140, RSMo 1978.

The purported justification for the allowance of punitive damages is to punish a defendant and thereby deter it and others from subsequent malfeasance. See MAI No. 10.01. In § 290.140, supra, the General Assembly has opted for a criminal sanction to accomplish this public purpose.

I would reverse and remand with directions to enter judgment for respondent in the amount of One Dollar.

I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.