West Virginia Code § 55-7-29

Limitations on punitive damages
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(a) An award of punitive damages may only occur in a civil action against a defendant if a
plaintiff establishes by clear and convincing evidence that the damages suffered were the
result of the conduct that was carried out by the defendant with actual malice toward the
plaintiff or a conscious, reckless and outrageous indifference to the health, safety and
welfare of others. e
(b) Any civil action tried before a jury involving punitive damages may, upon request of any
defendant, be conducted in a bifurcated trial in accordance with the following guidelines:
(1) In the first stage of a bifurcated trial, the jury shall determine liability for compensatory
damages and the amount of compensatory damages, if any.
(2) If the jury finds during the first stage of a bifurcatead trial that a defendant is liable for
compensatory damages, then the court shall determine whether sufficient evidence exists to
proceed with a consideration of punitive damages.l
(3) If the court finds that sufficient evidence exists to proceed with a consideration of
punitive damages, the same jury shall deteirmine if a defendant is liable for punitive damages
in the second stage of a bifurcated trial and may award such damages.
(4) If the jury returns an award for punitive damages that exceeds the amounts allowed
under subsection (c) of this section, the court shall reduce any such award to comply with
the limitations set forth therein.
(c) The amount of punitive damages that may be awarded in a civil action may not exceed
the greater of four ti mes the amount of compensatory damages or $500,000, whichever is
greater. V

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