specially concurring.
The awarding of punitive damages has been a troublesome area of the law for this Court to consider with any consistency. However, the majority opinion will only succeed if the following occurs:
First, if the trial court in using its discretion heeds the majority’s admonitions that (1) punitive damages are not favored in law and should be awarded only in the most unusual and compelling circumstances, (2) punitive damages are to be considered only as a deterrent to the wrongdoer and other similar offenders and not as a punishment, and (3) the complained of act involves malice, oppression or fraud.
Second, if the jury or court findings are supported by a detailed and complete record so as to allow an adequate review by an appellate court.
Third, if the appellate court refrains from acting as a fact finder and from substituting its judgment for that of the trial court in the proper exercise of its discretion.
Having expressed these caveats, I concur in the majority opinion.