Crookston v. Fire Ins. Exch

In Crookston v. Fire Ins. Exch., 817 P.2d 789, 803-804 (Utah 1991), the Court identified seven factors which aid a finder of fact in the first instance and a reviewing court on a motion for a new trial or on appeal in determining the appropriate scope of an award of punitive damages. jury, trial court, or appellate court must consider (i) the relative wealth of the defendant; (ii) the nature of the alleged misconduct; (iii) the facts and circumstances surrounding such conduct; (iv) the effect thereof on the lives on the plaintiff and others; (v) the probability of future recurrence of the misconduct; (vi) the relationship of the parties; (vii) the amount of actual damages awarded. (Crookston, 817 P.2d at 808.)