Opinion
No. 13–0120.
2014-01-9
Kimberly S. JASPER, Plaintiff–Appellee, v. Zakia HUSSAIN and International Fashions & Gifts, Inc., Defendants–Appellants.
Because there are no aggravating factors here, the court's holding to the contrary means that establishing a fraudulent conveyance, in and of itself, is sufficient to support an award of punitive damages. While some courts have reached the conclusion that proving fraud, without more, is sufficient to support an award of punitive damages, see John J. Kircher & Christine Wiseman, 2 Punitive Damages: Law and Practice § 19:19 (2d ed.2013) (summarizing cases), this is not our law as articulated in Benson. Because there are no aggravating factors, because the transfer prejudiced Jasper nominally, if at all, and because the proceeds from the transferred property were used to satisfy other creditors, I disagree that this transfer represents “willful and wanton disregard” for Jasper's rights.