Opinion
April 25, 1994
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the plaintiff's cross motion for leave to add a demand for punitive damages is denied.
The deceased, who was being treated for a variety of ailments, both physical and psychiatric, was fatally injured as a result of burns received while he was a patient in the defendant hospital. During the course of his treatment, he was continually supplied with oxygen, which is highly flammable.
The plaintiff, the Administratrix c.t.a. of the decedent's estate, sought to amend the ad damnum clause to add a demand for punitive damages.
"On the merits, punitive damages are available for the purpose of vindicating a public right only when the actions of the alleged tort-feasor constitute gross recklessness or intentional, wanton or malicious conduct aimed at the public generally or are activated by evil or reprehensible motives" (Gravitt v Newman, 114 A.D.2d 1000, 1002; see also, Zabas v Kard, 194 A.D.2d 784). The plaintiff has made no allegations beyond those of ordinary negligence (see, e.g., Gunnarson v State of New York, 95 A.D.2d 797) as would constitute the basis of an award for punitive damages. Lawrence, J.P., O'Brien, Joy and Florio, JJ., concur.