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Punitive damages are justified even where the defendant did not act with conscious indifference in creating the problem that led to damage if the defendant acted with conscious indifference in failing to correct the problem

• Alston & Bird LLP
• -
• USA
• -
• October 24 2008

In Wildcat Cliffs Builders, LLC v. Hagwood, a landowner’s property was damaged by erosion and run-off water when a developer working on an adjoining property improperly constructed two concrete retaining walls on the landowner’s property and also graded over part of the landowner’s property, which destroyed over forty of the landowner’s hardwood trees