DEF Bella Kitchen Bath and Flooring Motion to Strike
The court grants Defendants Bella Kitchen Bath and Flooring dba Eskan Development Group Inc.’s Motion to Strike Punitive Damages in the Prayer for Relief, Paragraph E as it applies to the first cause of action for negligence/gross negligence and the third cause of action for negligent infliction of emotional distress.
The court looks at the Prayer for Relief seeking punitive damages in Paragraph E in the Prayer for Relief. It has no limitation and thus seeks punitive damages as all of Plaintiff’s causes of action, for negligence/gross negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress.
Negligence / Gross Negligence
Nonintentional conduct may come within the definition of malicious acts punishable by the assessment of punitive damages when a party intentionally performs an act from which that party knows, or should know, it is highly probable that harm will result. (SKF Farms v. Su