51-12-5.1 G
*** CODE SECTION ***  12/03/01
    
  51-12-5.1.
    
  (a) As used in this Code section, the term "punitive damages" is
  synonymous with the terms "vindictive damages," "exemplary damages,"
  and other descriptions of additional damages awarded because of
  aggravating circumstances in order to penalize, punish, or deter a
  defendant.
    
  (b) Punitive damages may be awarded only in such tort actions in
  which it is proven by clear and convincing evidence that the
  defendant's actions showed willful misconduct, malice, fraud,
  wantonness, oppression, or that entire want of care which would
  raise the presumption of conscious indifference to consequences.
    
  (c) Punitive damages shall be awarded not as compensation to a
  plaintiff but solely to punish, penalize, or deter a defendant.
    
    (d)(1) An award of punitive damages must be specifically prayed
    for in a complaint.  In any case in which punitive damages are
    claimed, the trier of fact shall first resolve from the evidence
    produced at trial whether an award of punitive damages shall be
    made.  This finding shall be made specially through an appropriate
    form of verdict, along with the other required findings.
    
    (2) If it is found that punitive damages are to be awarded, the
    trial shall immediately be recommenced in order to receive such
    evidence as is relevant to a decision regarding what amount of
    damages will be sufficient to deter, penalize, or punish the
    defendant in light of the circumstances of the case. It shall then
    be the duty of the trier of fact to set the amount to be awarded
    according to subsection (e), (f), or (g) of this Code section, as
    applicable.
    
    (e)(1) In a tort case in which the cause of action arises from
    product liability, there shall be no limitation regarding the
    amount which may be awarded as punitive damages.  Only one award
    of punitive damages may be recovered in a court in this state from
    a defendant for any act or omission if the cause of action arises
    from product liability, regardless of the number of causes of
    action which may arise from such act or omission.
    
    (2) Seventy-five percent of any amounts awarded under this
    subsection as punitive damages, less a proportionate part of the
    costs of litigation, including reasonable attorney's fees, all as
    determined by the trial judge, shall be paid into the treasury of
    the state through the Office of Treasury and Fiscal Services.
    Upon issuance of judgment in such a case, the state shall have all
    rights due a judgment creditor until such judgment is satisfied
    and shall stand on equal footing with the plaintiff of the
    original case in securing a recovery after payment to the
    plaintiff of damages awarded other than as punitive damages.  A
    judgment debtor may remit the state's proportional share of
    punitive damages to the clerk of the court in which the judgment
    was rendered.  It shall be the duty of the clerk to pay over such
    amounts to the Office of Treasury and Fiscal Services within 60
    days of receipt from the judgment debtor.  This paragraph shall
    not be construed as making the state a party at interest and the
    sole right of the state is to the proceeds as provided in this
    paragraph.
  (f) In a tort case in which the cause of action does not arise from
  product liability, if it is found that the defendant acted, or
  failed to act, with the specific intent to cause harm, or that the
  defendant acted or failed to act while under the influence of
  alcohol, drugs other than lawfully prescribed drugs administered in
  accordance with prescription, or any intentionally consumed glue,
  aerosol, or other toxic vapor to that degree that his or her
  judgment is substantially impaired, there shall be no limitation
  regarding the amount which may be awarded as punitive damages
  against an active tort-feasor but such damages shall not be the
  liability of any defendant other than an active tort-feasor.
    
  (g) For any tort action not provided for by subsection (e) or (f) of
  this Code section in which the trier of fact has determined that
  punitive damages are to be awarded, the amount which may be awarded
  in the case shall be limited to a maximum of $250,000.00.
    
  (h) This Code section shall apply only to causes of action arising
  on or after April 14, 1997.