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Torts; Punitive damages

By: WISCONSIN LAW JOURNAL STAFF//November 28, 2011//

Torts; Punitive damages

By: WISCONSIN LAW JOURNAL STAFF//November 28, 2011//

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Torts
Punitive damages

Where a school principal knew a teacher was sexually abusing students, but did nothing about it, a $100,000 punitive damage award is not excessive.

“The jury awarded the collective plaintiffs $100,000 in punitive damages, and G.G.’s attorney agreed to recover only her pro rata share ($7,250) of the award. The gravamen of Grindle’s argument against the punitive damage award is twofold. First, she contends that the award is a reflection of the jury’s outrage at Sperlik’s conduct, rather than her own. This ignores that the jury found her guilty of turning a blind eye to warning signs that Sperlik was abusing his students, and attempts to marginalize her culpability. Next, Grindle argues that because she was not directly engaged in the acts of brutality against the plaintiffs, the award is excessive.

Grindle laments that prior to trial, plaintiffs and Sperlik cut a deal whereby plaintiffs agreed not to pursue punitive damages against Sperlik; as a result, Grindle was the only individual defendant against whom punitive damages could be assessed. Again, this argument fails to acknowledge that she was found guilty of having knowledge of abuse, yet failing to act. ‘Punitive damages are appropriate when the defendant acted wantonly and willfully, or was motivated in his actions by ill will or a desire to injure.’ Hagge v. Bauer, 827 F.2d 101, 110 (7th Cir. 1987). Grindle has put forth no basis for invalidating the jury’s determination that her conduct justified the imposition of punitive damages.”

Affirmed.

10-3506 G.G. v. Grindle

Appeal from the United States District Court for the Northern District of Illinois, Hibbler, J., Flaum, J.

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