Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)

Citation: Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)
Parent Document: Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)
Jurisdiction: Vermont (state)
Effective Date: 1989-06-23
Original Source: https://www.courtlistener.com/opinion/1561260/meadowbrook-condominium-assn-v-... ↗

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In Bruntaeger v. Zeller, 147 Vt. 247, 515 A.2d 123 (1986), this Court held that, under 9 V.S.A. § 2461(b), a consumer must prove the existence of actual malice in order to recover punitive damages. Id. at 253-54, 515 A.2d at 127. At a minimum, plaintiff must establish "`conduct manifesting personal ill will or carried out under circumstances evidencing insult or oppression, or... a reckless or wanton disregard of one's rights.'" Coty, 149 Vt. at 464-65, 546 A.2d at 205. Here, the trial court found that defendant did not obtain cable television service for the condominium because of an unwillingness to make the necessary expenditures. The court proceeded to make the punitive damages assessment "for a wilful violation" of the Act. We hold that defendant's conduct in this matter, however wrongful, did not evince the degree of malice required under Bruntaeger and Coty. The punitive damages award, therefore, must be vacated.

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