What is the test for a plaintiff to seek punitive damages in a motor vehicle accident?
"New York", United States of America
The following excerpt is from Miller v. Friedman, 2013 NY Slip Op 32030 (N.Y. Sup. Ct. 2013):
However, defendants' motion is granted to the extent of striking plaintiff's request for punitive damages. A punitive damage claim in a tort action must be based on evidence of conduct which exhibits "a wanton or reckless disregard of [a] plaintiff's rights" and acts which are "grossly negligent and reckless." Giblin v. Murphy, 73 NY2d 769, 772 (1998). "An act is
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