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03/09/76 RAY v. CITY DETROIT

March 9, 1976

RAY
v.
CITY OF DETROIT



Appeal from Wayne, Horace W. Gilmore, J.

Leave to appeal denied, 397 Mich .

Quinn, P. J., and D. E. Holbrook and D. F. Walsh, JJ.

SYLLABUS BY THE COURT

1. Municipal Corporations -- Principal and Agent -- Employers and Employees -- Damages -- Exemplary Damages -- Torts.

A municipal corporation can be held liable for exemplary damages awarded for injuries sustained as the result of the intentional tortious conduct of its employee.

2. Damages -- Exemplary Damages -- Nature of Exemplary Damages.

Only exemplary damages which are compensatory in nature are allowable in this state; they are never allowed for the purpose of punishing or making an example of a defendant.

3. Damages -- Exemplary Damages -- Actual Damages -- Injuries.

Exemplary damages are in effect another item of actual damages recoverable only for injury actually sustained by a party, however, such damages are for injury to the feelings and for the sense of indignity and humiliation resulting from injury maliciously and wantonly inflicted rather than injury which is physical in nature.

4. Municipal Corporations -- Principal and Agent -- Employers and Employees -- Respondeat Superior -- Damages -- Exemplary Damages -- Torts.

In light of the nature of exemplary damages allowable in this state a municipal corporation although not itself guilty of any malice or recklessness may be held liable, under the doctrine of respondeat superior, for exemplary damages caused by the tortious conduct of its employee.

5. Principal and Agent -- Corporations -- Employers and Employees -- Respondeat Superior -- Torts.

A corporation is liable in law for the actionable torts of its employee under the doctrine ...


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