Faculty: Matthew C. Reeber, Esq. and Mark Morse, Esq.

Description: In Palmisano v. Toth, the Rhode Island Supreme Court fashioned a distinct procedure whereby a defendant could test the viability of a claim for punitive damages prior to a plaintiff taking discovery of a defendant’s financial condition.  Palmisano, 624 A.2d. 314 (R.I. 1993).  A Palmisano Hearing is initiated by the filing of a motion to strike coupled with a request for an evidentiary hearing.  Id. at 320.  The hearing stays a defendant’s obligation to respond to financial discovery until such time that the Court decides whether there is a viable claim for punitive damages.  As detailed in Palmisano, “[a]t the conclusion of said hearing, the justice will determine … whether the evidence presented as a matter of law and fact warrants submission to a trier of fact (either judge or jury) of the punitive-damage issue. If the justice finds that such a showing has not been made, he or she will strike the claim for punitive damages.  ” Id. at 320-21.  

This presentation will address the above procedure related to seeking financial discovery, requesting and preparing for a Palmisano hearing and how a party can establish a viable claim for punitive damages.