SEARS, ROEBUCK & CO.

v.

WASHINGTON DEPARTMENT OF REVENUE

Citator

Cited By (12 total)

• Savino v. State, 555 So. 2d 1237 (Fla. 4th DCA 1989)
  …ge made. [Citations omitted]. Id. 388 A. 2d at 590-91. The courts in Colorado, Massachusetts and Minnesota, respectively, have similarly treated such “reverse Williams Rule” evidence. See People v. Flowers, 644 P. 2d 916 (Colo.), appeal dismissed, 459 U.S. 803, 103 S.Ct. 25, 74 L.Ed.2d 41 (1982); Commonwealth v. Jewett, 392 Mass. 558, 467 N.E. 2d 155 (1984); Commonwealth v. Murphy, 282 Mass. 593, 185 N.E. 486 (1933); State v. Bock, 229 Minn. 449, 39 N.W. 2d 887 (1949). Although the decision of a trial ju…
• Roth v. Black & Decker, 737 F.2d 779 (8th Cir. 1984)
  …efendant thereby showed complete indifference to or conscious disregard for the safety of others. This instruction was patterned after MAI 10.02, and was modified to conform to Racer v. Utterman, 629 S.W. 2d 387, 396-97 (Mo.App.1981), cert. denied, 459 U.S. 803, 103 S.Ct. 26, 74 L.Ed.2d 42 (1982). The instruction allowed, but did not require, the jury to return a verdict for punitive damages on the basis of these findings. In determining the submissibility of the issue of punitive damages, we must consider…
• Noble Ferren and Margaret R. Ferren v. Richards Mfg. Co., 733 F.2d 526 (8th Cir. 1984)
  …is meritless. The Missouri Court of Appeals has said that “it is apparent that no inconsistency exists between recovery under strict liability and recovery of punitive damages.” Racer v. Utterman, 629 S.W. 2d 387, 396 (Mo.Ct.App.1981), cert. denied, 459 U.S. 803, 103 S.Ct. 26, 74 L.Ed.2d 42 (1982). “If plaintiff, in addition to proving the conduct necessary to support the strict liability claim, can also establish a degree of fault in such conduct sufficient to justify punitive damages, those damages may al…